ALBANY 


THE  CRISIS  IN 
GOVERNMENT 


LOUIS  WALDMAN 


THE  LIBRARY 

OF 

THE  UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


Albany: 
Hie  Crisis  in  Government 


ALL  FOOL'S  DAY  AT  ALBANY 


Couriety  of  Mew  York  World 


April   I   was   an   appropriate  date  for  the  expulsion   of   the   five   Socialist 
Assemblymen  from  the  New  York   State  Legi  lature. 


Albany: 

The  Crisis  in  Government 

The  History  of  the  Suspension,  Trial  and  Expulsion 

from  the  New  York  State  Legislature  in  1 920 

of  the  Five  Socialist  Assemblymen  by 

Their  Political  Opponents. 

By 
LOUIS  WALDMAN 

With  an  Introduction  by 

SEYMOUR  STEDMAN 


Copyright,  1920,  by 
Boni  &  Liveright,  Inc. 


Printed  in  the  United  States  ef  America 


Prefece  (^^^ 

]^  recent  years  the  energies  and  intelligence  of 
statesmen  and  thinkers  in  the  whole  civilized  world 
have  been  directed  to  the  creation  of  a  governmental 
apparatus  which  is  susceptible  to  change  in  accord- 
ance with  the  ever-changing  conditions  and  facts  of 
life.  It  was  sought  to  create  processes  by  which  the 
complex  interests  in  society  may  express  their  will 
and  affect  their  purposes. 

We,  in  the  United  States,  felt  sure  that  we  pos- 
sessed that  instrument.  Ours  was  a  Constitutional 
Representative  Government,  carrying  within  it  the 
possibiHty  of  its  own  change  and  modification,  thus 
being  an  adequate  agency  for  peaceful  social  progress. 
We  were  proud  of  this  fact. 

This  instrument  has  been  brutally  assaulted.  It  has 
been  badly  damaged,  if  not  completely  destroyed. 

The  story  of  this  assault  is  contained  in  the  follow- 
ing pages.  The  characters  of  the  assailants,  the  forces 
and  interests  back  of  them,  the  nature  of  the  assault, 
and  the  defenders  of  representative  government,  are 
all  described. 

There  are  four  episodes  to  this  story:  The  suspen- 
sion; the  reaction  of  the  country  and  of  the  world 
to  the  suspension ;  the  "trial,"  and  the  expulsion. 

The  suspension  took  place  on  January  7,  1920.  The 
trial  began  January  20  and  ended  March  11.  The  ex- 
pulsion took  place  March  31,  1920. 

Between  January  7  and  March  31  enough  had  hap- 
pened to  fill  many,  many  volumes.  The  record  of  the 
proceedings  of  the  trial  alone,  including  exhibits,  con- 


M08644 


viii  PREFACE 

sists  of  close  to  2,000,000  words.  Space  did  not  per- 
mit of  putting  it  all  in  this  volume.  Much  of  the  tes- 
timony on  both  sides  deserves  to  be  quoted  in  full. 
The  side  of  the  prosecution  quoted  in  full  would  show 
that  its  entire  spirit  was  that  of  the  Spanish  Inquisi- 
tion. The  side  of  the  "Defense"  is  of  educational 
value.  Enough  of  both  sides,  however,  has  been 
quoted  to  give  the  reader  an  adequate  idea  of  the  con- 
flict. The  speeches  of  counsel  have  been  much  con- 
densed. 

I  look  forward  to  a  lively  condemnation  from  all — 
from  those  I  quoted,  why  I  did  not  quote  enough  j 
from  those  I  did  not  quote,  why  I  didn't. 

Only  grammatical  errors  due  to  inaccuracies  of  the 
official  record  have  been  corrected,  otherwise  no  edit- 
ing of  any  kind  was  done. 

The  human  interest  side  of  the  story  I  drew  from 
personal  observation.  I  was  present  on  all  occasions 
described  in  this  book. 

I  am  deeply  indebted  to  Mr.  Phillips  Russell  for  his 
valuable  assistance  in  preparing  the  manuscript. 

LOUIS  WALDMAN. 


Contents 

Page 

Preface vii 

Introduction,  Seymour  Stedman zi 

Chapter 

I     The    Suspension i 

II     The  Country's  Reaction  to  the  Suspension  14 

III  The  Tide  of  Protest  Rises       ....  29 

IV  The   Opening  of   the  Trial       ....  50 
V     Socialists  Challenge  Judges      ....  63 

VI     The  Invisible  Empire 80 

VII     The  Prosecution's  "Evidence"  ....  104 
VIII     The  Defense  Opens :  The  Socialists  and  the 

League  of  Nations 114 

IX     The  Committee  Instructed  in  Socialism — 

Lee  and  Branstetter  on  the  Stand  .       .126 

X     The  Suspended  Assemblymen  on  the  Stand  135 
XI     The  Summing-Up  for  the  Defense — Morris 

Hillquit's  Speech 150 

XII     The  Prosecution   Sums   Up — Speeches  by 

Messrs.  Conboy  and  Brown     .       .       .  192 

XIII  Seymour  Stedman  Concludes  the  Summing 

Up  for  the  Defense 214 

XIV  The  Expulsion 320 


Introduction 

By  Seymour  Stedman 

During  the  war  the  people  of  this  country  with  little 
or  no  protest  accepted  the  crumbling  of  sacred  old  tra- 
ditions, the  bending  and  even  the  breaking  of  lav/  to 
serve  the  war  aims  and  purposes  of  the  Government. 
They  were  not,  however,  prepared  for  the  destruction 
of  constitutional  government  during  a  time  of  peace. 
This  shock  came  on  January  7,  1920. 

On  this  day  in  Albany,  New  York,  the  New  York 
Legislature  assembled.  The  Assembly  was  called  to 
order.  It  included  among  its  150  members  five  Social- 
ists who  had  been  elected  from  five  assembly  districts 
in  New  York  City.  These  five,  along  with  the  others, 
took  the  oath  of  office  in  accordance  v/ith  the  require- 
ments of  the  Constitution.  They  participated  in  the 
organization  of  the  House  by  voting  for  the  Speaker, 
the  Clerk,  the  Sergeant-at-Arms  and  other  officers, 
which  occupied  something  over  two  hours,  and  then 
Thaddeus  C.  Sweet,  the  newly  elected  Speaker,  di- 
rected the  Sergeant-at-Arms  to  present  before  the 
bar  of  the  House  these  five  Assemblymen.  The 
Speaker  informed  the  Assemblymen  that  "it  is 
every  citizen's  right  to  have  his  day  in  court.  And  if 
this  House  shall  adopt  a  resolution  declaring  your  seat 
herein  vacant,  pending  a  hearing  before  a  tribunal  of  / 
this  House,  you  will  be  given  an  opportunity  to  ap- 
pear before  such  tribunal  to  prove  your  right  to  a  seat; 
in  this  legislative  body." 

The  Republicans  and  Democrats  of  the  Assembly 
had  arrived  at  a  complete  understanding.  They  were 
not  surprised;  they  were  pleased  at  the  opportunity, 
which  they  believed  now  open,  to  advance  their  politi- 
cal prestige  by  an  unwarranted,  unjust  and  illegal  at- 
tack upon  a  minority  political  party.  The  Speaker 
saw   his   ambitions   for   a    gubernatorial   nomination 


xii  INTRODUCTION. 

looming  up  as  a  reward  for  this  assassination  of  a 
democratic-republican  form  of  government.  Follow- 
ing the  statement  of  the  Speaker,  Mr.  Adler,  leader 
of  the  Republicans  on  the  floor,  introduced  a  resolu- 
tion to  carry  into  effect  the  statement  of  the  Speaker, 
that  the  right  of  these  Assemblymen  should  be  investi- 
gated and  that  they  should  be  given  the  privilege  to 
prove  "their  right  to  a  seat  in  this  legislative  body." 

These  men  were  presumed  guilty ;  it  was  now  their 
privilege  to  prove  their  innocence.  But  this  was  not 
enough ;  the  resolution  that  passed  the  House  declared 
that  the  Assemblymen  should  "be  denied  their  seats 
pending  investigation  and  other  qualifications" ;  "that 
the  respondent  Assemblymen  were  guilty  of  belonging 
to  the  Socialist  Party,  which  had  expressed  solidarity 
with  Soviet  Russia  and  the  Communist  International 
of  MosQow;  that  they  had  pledged  themselves  to  be 
guided  by  the  Constitution  and  Platform  of  the  party 
of  which  they  were  members ;  that  they  belonged  to  a 
dues-paying  political  party;  and  that  their  party  op- 
posed war." 

The  hearing  upon  this  was  referred  to  the  Judiciary 
Committee,  consisting  of  thirteen  members,  of  which 
Mr.  Louis  Martin  was  the  Chairman.  The  announce- 
ment of  this  proceeding  in  the  public  press  did  not 
bring  the  wild  and  enthusiastic  approval  which  no 
doubt  the  Assemblymen  expected.  The  New  York  Bar 
Association,  through  a  special  committee,  consisting  of 
the  Honorable  Charles  Evans  Hughes,  late  Governor 
of  New  York,  Associate  Justice  of  the  United  States 
Supreme  Court,  and  Republican  candidate  for  Presi- 
dent; Morgan  J.  O'Brien,  a  former  judge  and  distin- 
guished member  of  the  New  York  Bar;  Louis  Mar- 
shall, whose  reputation  as  a  constitutional  lawyer  is  in- 
ternational ;  Joseph  M.  Proskauer,  and  Ogden  L.  Mills, 
rose  instantly  with  a  vigorous  and  forcible  protest  and 
issued  a  brief  reciting  facts  supported  by  authorities, 
condemning  the  action  of  the  Assembly.  The  papers 
of  the  country,  especially  those  of  New  York,  of  both 
conservative  and  liberal  policies,  protested  vigorously. 
Not  that  they  were  friendly  to  Socialism,  but  because 
they  still  believed  there  was  need  in  the  United  States 
for  a  democratic-republican  form  of  government. 


INTRODUCTION  xiii 

On  the  20th  day  of  January,  in  the  ornate  and  pic- 
turesque Assembly  room,  the  hearing  was  opened  by 
the   Judiciary    Committee.      The   hall   was    crowder 
among  the  audience  being  some  of  the  most  distin- 
guished men  in  the  civic  and  public  life  of  the  State. 

At  the  threshold  of  the  proceedings  Charles  Evans 
Hughes  arose  and  said,  "I  crave  the  courtesy  of  the 
Judiciary  Committee  to  submit  a  brief  statement  on 
behalf  of  the  Association  of  the  Bar  of  the  City  of 
New  York — I  ask  the  courtesy  of  the  Committee  to 
make  a  brief  statement — this  special  committee  does 
not  appear  on  behalf  of  the  members  of  the  Assembly 
under  suspicion,  nor  on  behalf  of  the  Socialist  Party, 
but  on  behalf  of  the  New  York  Bar  and  in  the  public 
interest.  We  desire  to  suggest  the  gravity  of  the 
matter — the  importance  of  determining  at  the  outset 
the  applications  of  certain  fundamental  principles  and 
of  formulating  a  course  of  inquiry  in  such  matters." 

He  was  interrupted  by  the  Chairman,  who  quickly 
disposed  of  the  distinguished  lawyer  by  announcing 
that  no  persons  could  participate  in  the  proceedings 
except  counsel  representing  the  committee  and  counsel 
representing  the  ousted  Assemblymen.  The  Chairman 
then  read  what  he  was  pleased  to  call  the  rules  which 
should  guide  the  committee  in  its  course  of  procedure. 
The  document  submitted  said  very  little  of  rules,  but 
amplified  the  resolution  for  investigating  the  Assem- 
blymen. The  charge  made  by  the  Speaker  was  not 
broad  enough ;  the  charge  made  by  the  Assembly  was 
not  broad  enough ;  it  needed  a  charge  containing  every- 
thing, and  so  the  Judiciary  Committee  amplified  by 
formulating  charges  of  its  own,  "that  the  men  men- 
tioned were  members  of  a  party  whose  principles  and 
doctrine  as  advocated  called  for  and  demanded  the 
tomplete  destruction  of  our  form  of  Government  by  the 
fomentation  of  industrial  unrest — that  it  favored  abso- 
lute substitution  of  minority  for  majority  rule ;  that  it 
sympathized  with  Soviet  Russia ;  that  in  open  conven- 
tion it  denounced  the  war  and  its  purposes  and  its  mo- 
tive as  capitalistic,  that  they  merely  pretended  to  avail 
themselves  of  a  legally  established  means  of  political 
representation  and  intended  to  overthrow  this  Govern- 
ment peacefully  if  possible,  forcibly  if  necessary;  that 


xiv  INTRODUCTION 

they  engaged  in  a  large  and  well  organized  conspiracy 
to  subvert  the  duty  of  law  and  to  destroy  the  right  to 
:-.quire  and  hold  property  honestly  acquired,  TO 
.  /EAKEN  THE  FAMILY  TIE  which  they  assert  is 
the  seed  of  capitalism,  to  destroy  the  infiuence  of  the 
church  and  overturn  the  whole  fabric  of  a  constitu- 
tional form  of  government.  We  intend  the  men  under 
investigation  shall  have  fair  play;  the  case  is  not  pre- 
judged ;  the  committee  will  sit  with  an  open  mind ;  the 
men  shall  be  accorded  the  right  to  select  their  own 
counsel,  and  assistance  will  be  given  them  in  the  pro- 
curement of  evidence." 

The  committee's  protestations  of  fairness  and  open- 
mindedness  were  too  evidently  the  reaction  of  their 
real  mental  attitude  to  need  comment.  It  was  a  clear, 
open,  definite  confession  of  bias,  prejudice  and  a  pre- 
determined purpose. 

The  New  York  Constitution  was  adopted  in  1821, 
during  a  period  of  great  national  strife  over  free  and 
slave  states,  territories  and  boundaries.  The  South 
was  becoming  alarmed  and  endeavoring  to  increase  its 
public  power.  With  this  vividly  before  the  minds  of 
those  who  drew  the  Constitution,  and  to  prevent  any 
bare  majority  from  using  its  power  to  rob  a  minority 
of  its  rights,  provided  for  the  taking  of  the  Constitu- 
tional Oath  and  then  concluded  with  these  words, 
"AND  NO  OTHER  OATH,  DECLARATION  OR 
TEST  shall  be  required  as  a  qualification  for  any  office 
of  public  trust."  This  oath  had  been  complied  with  by 
the  Assemblymen.  Some  of  them  had  been  members 
of  the  Assembly  during  the  years  191 7,  1918  and  1919. 
No  objection  to  their  incumbency  had  been  made  dur-. 
ing  these  years,  though  in  the  time  of  war.  There  was 
no  legal,  constitutional  authority  for  excluding  them 
for  what  had  occurred  prior  to  their  election.  This  was 
recognized  v/hen  they  were  permitted  to  sit  in  the  As- 
sembly and  participate  in  the  proceedings.  No  im- 
proper behavior,  no  conviction  for  an  offense,  no  con- 
duct of  a  disloyal  character  subsequent  to  their  elec- 
tion or  induction  into  office  was  charged  against  theim 
personally. 

Arguments  to  dismiss  the  proceedings  and  to  seat 
the  Assemblymen  were  so  well,  cogently  and  irresisti- 


INTRODUCTION  xv 

bly  made  by  their  counsel  that  the  counsel  representing 
the  Committee,  driven  into  an  inextricable  situation, 
in  the  true  style  of  royal  brigands,  cut  loose  from  all 
the  restraints  imposed  by  tradition  and  law  with  the 
triumphant  announcement  of  the  following :  "The  As- 
sembly of  the  State  of  New  York  has  the  power,  un- 
qualified power,  to  expel  any  member  WITH  OR 
WITHOUT  REASON,  WITH  OR  WITHOUT 
CAUSE.  You  are  the  judges  of  cause.  You  may  de- 
termine what  in  your  judgment  renders  a  man  fit  to 
sit  in  the  Assembly,  and  nobody  can  question  your 
conduct  or  your  act.  So  here  this  Assembly  in  its 
entirety,  acting  upon  the  report  of  a  committee  or  act- 
ing upon  its  own  volition,  has  the  undisputed  and  un- 
deniable power  to  suspend  or  expel  a  member  for  any- 
thin.<?  that  measures  up  to  what  you  would  ASSUME 
TO  BE  or  ASSERT  TO  BE  sufficient  and  adequate 
cause." 

Mr.  Stanchfield,  the  distinguished  lawyer,  under- 
stands full  well  the  distinction  between  reason  and 
cause.  In  using  both  terms  he  made  this  declaration 
of  naked  power  and  force  without  qualification  or  limi- 
tation ;  with  or  without  reason,  with  or  without  cause. 
No  reason  and  no  cause  required.  This  was  a  glorious 
hour  for  the  Socialist  movement  and  the  Socialist 
Party  of  the  United  States.  During  three  years  that 
were  filled  with  hatred  and  passion  it  stood  forth  spon- 
sor and  proclaimer  of  the  two  great  ideals  of  Ameri- 
can political  life,  the  freedom  of  speech  and  freedom  of 
the  press,  and  now  was  passed  to  it  the  task  of  main- 
taining the  existence  and  the  perpetuity  of  democratic- 
representative  government.  The  charge  of  defending 
these  three  great  principles  of  government  among 
civilized  people,  for  which  so  great  a  price  was  paid,  it 
gladly  accepted  in  the  face  of  an  ugly,  reactionary  ma- 
jority. The  proceedings  opened  with  the  introduction 
of  evidence  offered  in  behalf  of  the  Committee  to  sus- 
tain the  charges. 

At  the  close  of  the  war  the  profiteers  in  the  country 
at  large,  and  especially  in  New  York,  were  in  need  of  a 
smoke-screen  to  hide  their  finance-patriotism,  their 
hypocrisy  from  the  eyes  of  honest  people  who  had  the 
welfare  of  their  country  more  at  heart  than  the  con- 


xvi  INTRODUCTION 

tents  of  their  cash  box.  The  Chamber  of  Commerce 
of  New  York  bestirred  itself.  It  adopted  a  resolution 
to  investigate  all  radicals.  The  New  York  Legislature 
duplicated  this  resolution  and  appointed  a  committee, 
making  Mr.  Lusk  its  Chairman,  which  traveled  from 
town  to  town  gathering  books  with  red  covers,  and 
green  covers,  and  yellow  covers;  books  on  politics 
and  books  on  travel,  books  on  geology  and  books  on 
sociology.  Everything  they  could  not  understand  was 
seditious,  treasonable  and  disloyal;  they  were  men 
of  very  limited  understanding.  The  people  were 
thoroughly  alarmed,  many  of  whom  thought  that  the 
basements  of  New  York  were  filled  with  guns  and 
dynamite,  and  when  the  trial  of  these  Assemblymen 
opened  the  people  waited  breathlessly  for  the  great 
eruption  that  was  to  cover  the  earth  with  red  ashes 
and  light  the  sky  with  red  flame,  that  would  prove 
Speaker  Sweet  the  savior  of  his  country.  But  after 
the  labor  of  many  days,  the  mountain  rumbling  with 
heavy  and  light  oratory,  the  mouse  came  forth — a 
stuffed  toy  from  the  Christmas  shopping  of  the  Lusk 
Committee. 

The  first  witness  on  the  stand  was  shown  a  little 
red  book;  it  was  in  Yiddish,  published  by  a  Yiddish 
Branch  never  even  heard  of  by  Socialist  officials  or  the 
respondent  Assemblymen.  It  had  an  article  which,  as 
translated,  deprecated  political  action;  on  cross-ex- 
amination it  was  found  to  contain  articles  favoring  po- 
litical action ;  and  then  it  developed  that  it  was  a  book 
containing  articles  on  various  theories  of  political  and 
industrial  change. 

This  did  not  meet  the  public  appetite  which  was 
whetted  by  startling  promises.  Something  must  be 
done ;  so  the  lawyers  of  the  Committee  discovered  the 
Proclamation  and  War  Program  opposing  the  war, 
which  was  adopted  by  the  Socialist  Party  in  1917,  and 
which  was  circulated  by  the  hundreds  of  thousands 
and  read  all  over  the  country.  This  startled  the  trog- 
lodytes. But  those  who  had  ideas  dating  this  side  of 
the  flood  waited  patiently  for  something  new.  Then 
was  produced  the  Constitution  of  the  Socialist  Party, 
in  which  the  members  pledged  themselves  to  support 
the  constitution  cind  the  principles  of  the  party,  the 


INTRODUCTION  xvii 

party  having  a  right  to  expel  them  if  they  did  not  do 
so.  This  was  so  novel  that  it  was  immediately  fas- 
tened upon  by  counsel  for  the  committee  and  by  the 
Committeemen  as  a  dangerous  and  revolutionary 
piece  of  literature.  From  the  time  this  was  introduced 
in  evidence,  on  the  22nd  day  of  January,  until  the  clos- 
ing arguments  in  March  it  was  never  lost  sight  of. 
It  was  contended  that  it  violated  the  laws  of  the  State 
and  the  Constitution  of  the  State  because  the  Socialist 
Party  could  expel  its  members  if  they  did  not  in  the 
Assembly  vote  according  to  the  principles  and  the 
platform  of  the  party.  That  men  seeking  office  should 
actually  pledge  themselves  in  writing  to  live  up  to  the 
principles,  their  party  professed,  was  flaunting  treason 
and  sedition  in  the  faces  of  gentlemen  who  are  making 
law  in  a  state  capitol  notorious,  not  because  of  its 
Elizabethan  beauty,  but  for  the  brazen  graft  which  ac- 
companied its  construction. 

The  Socialist  Party  Constitution  required  that  the 
members  should  sign  a  resignation  blank  which  might 
be  filed  if  they  were  faithless  to  their  political  prom- 
ises. The  Assemblymen  had  not  signed  one  in  this  in- 
stance, but  that  made  no  difference  to  counsel  for  the 
Committee.  They  believed  in  it ;  that  is,  they  believed 
that  the  Socialist  Party  had  a  moral  right  to  the  resig- 
nation of  its  candidates  who  betrayed  their  Party  and 
its  cause.  This,  too,  was  mentioned  and  commented 
upon  and  elaborated  upon  not  less  than  sixty  or  sev- 
enty times  during  the  proceedings ;  that  persons  guilty 
of  political  perfidy  should  be  chastised  by  withdrav/al 
from  office  was  considered  a  virtue  by  the  Socialists, 
but  it  was  here  laid  against  them  as  a  vice. 

Counsel  for  the  Committee  charged  that  "aliens, 
minors  and  women  are  admitted  to  membership."  In 
revising  this  statement  they  omitted  women,  realizing 
that  they  are  no  longer  among  the  political  outcasts. 
They  hung  on  to  "aliens"  until  the  evidence  disclosed 
hat  the  members  of  the  Socialist  Party  are  overwhelm- 
ingly native-born.  The  fact  that  in  many  states  aliens 
vote  for  all  state  offices  further  weakened  the  legal 
and  moral  force  of  this  objection.  As  there  was  no  evi- 
dence of  minors  belonging  to  the  Party,  this  whole 
contention  waned.    The  scene  shifted,  and  the  setting 


xviii  INTRODUCTION 

was  prepared  for  a  crushing  attack.  Entered  Peter 
Collins,  sociologist,  economist,  expert  on  Socialism. 
He  had  learned  about  Socialism  while  mingling  with 
Socialists  "in  the  lobby  of  the  Rand  School,"  and  talk- 
ing with  Socialists  after  meetings,  and  debating  with 
Socialists.  He  was  very  sure.  Mr.  Collins  declared 
that  he  was  a  Catholic,  a  member  of  the  Knights  of 
Columbus,  and  that  the  Socialists  undermined  the  in- 
fluence of  the  Church;  they  desired  to  destroy  the 
home,  break  family  ties ;  they  believed  in  the  rule  and 
the  triumph  of  the  minority;  they  were  against  the 
Government;  in  fact  they  were  not  in  favor  of  any- 
thing except  discord,  disintegration,  savagery,  and 
chaos.  It  is  to  the  credit  of  counsel  for  the  Committee 
that  in  summing  up  their  case  they  passed  by  the  tes- 
timony of  Mr.  Collins,  which  was  of  considerable 
length,  in  shame  and  silence. 

Failing  in  the  attack  upon  the  philosophy  of  the 
movement  and  realizing  that  the  expectant  audience 
was  becoming  disappointed,  they  shifted  the  scene 
again,  and  were  now  going  to  center  a  fire  upon  some 
of  the  representatives.  Solomon  was  singled  out,  and 
there  was  ushered  to  the  front  a  Miss  Chivers.  She 
testified  that  she  attended  a  street  meeting  where  Solo- 
mon was  speaking,  at  which  time  a  bus  was  going  by 
containing  soldiers  who  were  recruiting  and  that  a 
band  was  playing  at  a  short  distance;  that  these  sol- 
diers asked  Solomon  for  the  use  of  his  stand  and  Solo- 
mon replied,  "No,  the  gutter  is  good  enough  for  you." 
On  further  examination  she  added  to  her  testimony  to 
strengthen  it,  that  Solomon  at  the  same  moment  had 
spit  upon  the  flag,  and  that  he  said  he  would  not  wipe 
his  shoes  on  the  flag.  Under  the  circumstances  this 
statement  was  shown  to  be  so  improbable  that  it  was 
ridiculed  by  the  public  press,  and  counsel  refrained 
from  bringing  to  the  stand  a  Mrs.  Brady,  who  Miss 
Chivers  said  was  with  her  at  the  time.  She  had  kept 
this  story  buried  in  the  heart  of  an  anti-Socialist  So- 
ciety to  which  she  belonged,  for  over  two  years,  and 
she  was  not  quite  sure  of  her  age,  two  or  three  years 
not  making  any  impression  on  her  memory.  Whether 
she  was  fifteen  or  eighteen  at  the  time  she  heard  the 
statement  she  apparently  was  unable  to  teU, 


INTRODUCTION  xix 

But  with  infinite  patience  and  not  to  be  thwarted  by 
this  collapse,  a  new  attack  was  made;  this  time  on 
Claessens.  In  the  polling  districts  where  Claessens 
was  running,  he  had  made  the  statement  that  dope 
fiends,  cut-throats,  and  brigands  had  robbed  the  ballot 
box,  a  fact  undeniably  proven  since  the  election,  and  in 
denouncing  them,  although  advocating  peaceful  politi- 
cal means,  he  mentioned  such  proceedings  and  out- 
rages as  an  excuse  for  violence.  He  was  examined  at 
length  when  on  the  stand  and  although  he  told  of  the 
most  infamous  and  criminal  outrages  perpetrated  by 
ballot  box  thieves  and  looters,  there  was  no  moral  in- 
dignation expressed  by  the  Committee  or  its  counsel 
against  the  crime  at  the  ballot  box;  only  a  feeling  of 
hostility  to  Claessens  because  he  was  not  a  Democrat 
or  a  Republican. 

Then  Waldman  came  in  for  an  attack.  At  a  conven- 
tion a  year  ago,  in  a  speech  OPPOSING  militarism, 
he  had  made  a  statement  which  was  interpreted  by  the 
Committee  as  a  suggestion  to  the  soldiers  to  use  their 
weapons  against  the  capitalists.  Yet  on  the  floor  of 
the  Assem.bly,  a  member,  a  Democrat,  in  the  presence 
of  all  the  other  Assemblymen  and  the  Speaker  said! 
that  he  hoped  when  the  men  returned  from  Europe 
they  would  keep  their  cartridges  and  guns  so  that 
they  could  use  them.  He  said  this  because  he  was  en- 
raged over  the  destruction  of  his  saloon  business  by 
the  Prohibition  Amendment.  He  was  not  even  repri- 
manded, except  by  a  Socialist. 

The  defendants  called  Morris  Hillquit  and  Algernon 
Lee.  The  former  gave  a  complete  detailed  statement 
and  explanation  of  the  philosophy,  tactics,  programs 
and  theories  of  the  Socialist  movement  nationally  and 
internationally  and  its  political  expression  in  various 
countries  during  times  of  peace  and  war ;  of  its  under- 
lying economic  basis  and  its  social  and  political  pur- 
poses. Algernon  Lee  gave  an  exposition  of  its  na- 
tional and  international  character,  form  and  technique, 
and  philosophy,  the  meaning  of  its  various  terms  and 
their  import  as  they  relate  to  the  particular  problems 
presenting  themselves  from  time  to  time  for  solution. 
The  testimony  of  these  two  witnesses  is  at  many 
points  interwoven  and  will,  together,  furnish  for  some 


XX 


INTRODUCTION 


time,  to  the  intelligent  readers  of  this  country,  a  mas- 
terful and  complete  statement  of  the  fundamentals  of 
the  movement,  its  political  tactics  and  its  ideals. 

Norman  Thomas,  a  clergyman,  editor  and  publisher 
of  The  World  To-morrow,  testified  to  the  relation 
between  Socialism,  the  Church  and  the  home.  His 
evidence  must  be  included  to  complete  the  story  of  the 
theoretical  and  practical  phases  of  Socialism. 

The  Assemblymen  were  called  and  related  their  ac- 
tion in  opposition  to  legislation  creating  an  ice  monop- 
oly, and  bills  for  fastening  upon  the  people  of  New 
York  filching  water  power  companies,  and  with  this  an 
elucidation  of  bills  introduced  and  supported  by  the 
Socialists  to  reduce  the  cost  of  living,  to  organize  sys- 
tematically state  departments,  and  to  promote  social 
and  industrial  participation  and  activity  by  the  people, 
especially  in  transportation  and  the  distribution  of  food 
and  also  legislation  to  regulate  the  relation  of  land- 
lords to  their  tenants  and  to  curtail  the  exacting  trib- 
ute levied  by  landlords  as  a  result  of  an  acute  scarcity 
of  housing  facilities.  Statesmanship  of  a  high,  con- 
structive ability  was  shown  in  the  evidence  of  the  As- 
semblymen, in  the  masterful  way  they  gathered  the 
information  and  prepared  their  measures  for  adoption 
by  the  Assembly,  only  to  be  defeated  at  every  turn  by 
representatives  whose  interests  were  too  closely  allied 
with  the  great  capitalistic  combination  of  the  Empire 
State. 

The  story  of  this  proceeding  constitutes  a  history 
of  a  legislative  body  excluding  members  because  of 
the  political  principles  of  the  party  to  which  they  be- 
long. It  is  the  first  time  in  American  history  that  such 
a  proceeding  has  taken  place.  No  autocrat,  not  even 
Louis  XIV,  who  declared,  "I  am  the  state,"  ever  an- 
nounced a  more  complete  and  all-inclusive  doctrine  of 
brutal,  naked  power,  unrestrained,  power  without 
limit,  power  without  responsibility,  than  that  invoked 
to  justify  this  proceeding. 

"The  government  of  the  people,  by  the  people  and 
for  the  people"  will  not  perish,  no  matter  what  this 
Assembly  may  do  from  petty  motives,  immediate  po- 
litical expediency,  self-assumed  righteousness  or  a 
false  and  ignoble  conception  of  patriotism. 


Albany: 
The  Crisis  in  Government 


ALBANY: 
THE  CRISIS  IN  GOVERNMENT 


CHAPTER  I 
THE  SUSPENSION 

On  Election  Day,  November  4,  1919,  five  members 
of  the  Socialist  Party  were  elected  to  the  Assembly  of 
the  State  of  New  York.  They  were:  August  Claes- 
sens,  elected  from  the  17th  Assembly  District,  Man- 
hattan; Louis  Waldman,  elected  from  the  8th  Assem- 
bly District,  Manhattan ;  Samuel  Orr,  elected  from  the 
4th  Assembly  District,  The  Bronx;  Charles  Solomon, 
elected  from  the  23rd  Assembly  District,  Kings,  and 
Samuel  A.  DeWitt,  elected  from  the  3rd  Assembly 
District,  The  Bronx.  Of  these  five,  August  Claes- 
sens  was  returned  for  the  third  term,  having  been  first 
elected  in  19 17.  Waldman,  Orr  and  Solomon  had  been 
returned  for  their  second  term.  The  only  new  mem- 
ber was  DeWitt. 

In  due  course,  the  County  Clerks  of  New  York, 
Kings,  and  The  Bronx  made  out  and  mailed  to  these 
five  a  certificate  of  election.  A  typical  one  is  that  re- 
ceived by  Waldman,  which  reads  as  follows: 

"STATE  OF  NEW  YORK 
"COUNTY  OF  NEW  YORK 

"I,  William  F.  Schneider,  Clerk  of  the  County  of 
New  York,  do  hereby  certify  that  having  examined 
the  original  statement  and  declaration  of  the  votes  cast 
at  the  general  election  held  on  the  4th  day  of  Novem- 
ber, 1919,  for  the  office  of  Member  of  Assembly,  of 


2  ALBANY 

the  8th  Assembly  District,  do  certify  that  Louis  Wald- 
man  having  received  the  greatest  number  of  votes,  was 
duly  elected  for  the  term  of  one  year,  beginning  Jan- 
uary I,  1920. 

"In  witness  thereof,  I  herewith  set  my  hand  and  of- 
ficial seal,  this  24th  day  of  December,  1919. 

"WILLIAM  F.  SCHNEIDER, 
"County  Clerk,  New  York  County.'* 

On  January  7,  1920,  the  opening  day  of  the  Legisla- 
tive session,  the  five  Socialist  Assemblymen  presented 
themselves  before  the  Secretary  of  State,  Francis 
Hugo,  and  were  duly  sworn  in.  The  Assembly  was 
called  to  order  by  the  clerk  promptly  at  12  o'clock 
on  the  same  day.  The  first  act  was  to  call  the  roll,  on 
which  the  names  of  the  five  Assemblymen  were 
recorded,  the  five  duly  answering  "present."  The  next 
business  was  the  election  of  a  Speaker.  The  Republi- 
cans nominated  Thaddeus  C.  Sweet;  the  Democrats 
named  Charles  Donohue;  and  the  Socialists  August 
Claessens.  The  roll  was  again  called  and  the  mem- 
bers of  the  three  parties  represented  recorded  their 
votes  for  their  designated  candidates.  The  Republi- 
cans, being  the  majority  party,  easily  elected  their 
candidate  by  a  vote  of  no  to  40. 

On  being  escorted  to  the  Speaker's  chair,  Mr.  Sweet 
delivered  a  speech  of  thanks  and  appreciation,  taking 
occasion  in  the  course  of  his  remarks  to  condemn 
roundly  what  he  deemed  to  be  the  evils  of  the  day,  in- 
cluding labor  welfare  legislation  and  the  rising  menace 
of  Socialism.  He  then  stepped  down  from  the  Speak- 
er's platform  and  appointed  as  temporary  presiding 
officer  Louis  M.  Martin,  of  Oneida  County,  who  was 
subsequently  made  Chairman  of  the  Judiciary  Ccwn- 
mittee.    Then  followed  the  reading  of  the  Governor's 


THE  SUSPENSION  3 

message,  and  the  other  official  business,  which  con- 
sumed about  two  and  a  half  hours. 

Meantime,  an  apparently  genial  atmosphere  per- 
vaded the  chamber.  Members  left  their  seats  to  greet 
each  other,  to  inquire  about  each  other's  families,  etc., 
and  to  carry  on  a  generally  friendly  conversation. 
From  these  amenities,  the  Socialist  members  were  by 
no  means  excluded.  On  the  contrary,  various  mem- 
bers went  out  of  their  way,  irrespective  of  party  affili- 
ations, to  greet  the  Socialist  Assemblymen  smilingly. 
Among  these  friendly  members  was  the  minority 
leader,  Charles  Donohue,  who  came  over  to  the  Social- 
ists and  remarked:  "You  have  five,  we  have  thirty-five, 
so  we  will  have  forty  to  fight  that  crowd." 

On  his  reappearance  in  the  chamber,  Speaker  Sweet 
resumed  the  chair  and  proceeded  with  the  air  of  a 
man  having  unquestioned  authority.  He  remained 
standing,  and  then  in  cold,  measured  tones  he  said : 

"The  Chair  directs  the  Sergeant-at-Arms  to  present 
before  the  Bar  of  the  House  Samuel  A.  DeWitt,  Sam- 
uel Orr,  Louis  Waldman,  Charles  Solomon,  and 
August  Claessens." 

The  careless  atmosphere  that  had  prevailed  in  the 
House  suddenly  changed. 

The  Sergeant-at-Arms  escorted  the  five  Socialists  to 
the  "well"  of  the  House,  which  is  the  depression  in  the 
center  of  the  chamber,  about  six  feet  below  the  Speak- 
er's chair.    He  said : 

"Mr.  Speaker,  in  accordance  with  your  directions, 
I  have  presented  the  gentlemen  that  you  have  directed 
me  to  present." 

The  Speaker,  in  authoritative  tones  that  waxed 
warmer  as  he  proceeded,  then  delivered  himself  as  fol- 
lows: 

"You,  whom  I  have  summoned  before  the  Bar  of  this 
House,  are  seeking  seats  in  this  body — you  who  have 


4  ALBANY 

been  elected  on  a  platform  that  is  absolutely  inimical 
to  the  best  interests  of  the  State  of  New  York  and  of 
the  United  States.  That  platform  is  the  doctrine  of 
the  Socialist  Party,  and  provides  that  every  person 
elected  thereupon  subscribe  to  the  rules  and  regula- 
tions, principles  and  tactics  of  that  party.  It  is  not 
truly  a  political  party,  but  is  a  membership  organiza- 
tion admitting  within  its  ranks  aliens,  enemy  aliens 
and  minors.    The  constitution  of  that  party  at  Sectio.- 

5  thereof  provides  this — 'in  all  my  political  actions 
while  a  member  of  the  Socialist  Party,  I  agree  to  be 
guided  by  the  Constitution  and  platform  of  the  party,' 
and  Section  13,  Subdivision  F,  of  the  State  Constitu- 
tion of  the  Socialist  Party  provides — 'for  failing  or  re- 
fusing when  elected  to  public  office  ...  to  abide  and 
carry  out  such  instructions  as  he  may  have  received 
from  the  dues-paying  party  organization  or  as  pre- 
scribed by  the  State  and  National  constitution.' 

"It  may  be  interesting  to  note  that  Ludwig  C.  A. 
K.  Martens,  the  self-styled  Soviet  Ambassador  and 
alien,  who  entered  this  country  as  a  German  in  191 6, 
became  a  member  of  the  Socialist  Party  upon  his 
entry  into  this  country,  and  took  part  in  its  delibera- 
tions. It  is  therefore  quite  evident  that  you,  elected 
to  public  office,  in  spite  of  your  oath  of  office,  are 
bound  to  act  subject  to  instructions  received  from  an 
executive  committee  which  may  be  made  up  in  whole 
or  in  part  of  aliens  or  alien  enemies,  owing  allegiance 
to  governments  or  organizations  whose  interests  may 
be  diametrically  opposed  to  the  best  interests  of  the 
United  States  and  of  the  people  of  the  State  of  New 
York.  At  the  time  of  the  entry  of  this  country  into 
the  war,  the  National  Convention  of  the  Socialist  Party 
of  America  at  St.  Louis,  during  its  sessions  from 
April  7  to  April  14,  191 7,  adopted  resolutions  setting 
forth  the  stand  of  the  Socialist  Party  toward  the  war. 


THE  MACHINERY  OF  CRISIS 


^JKu^ 


Courtesy  of  New  York  World 

THE  PARTY  LASH! 


6  ALBANY 

and  urged  that  the  only  struggle  which  would  justify 
its  members  in  taking  up  arms  was  the  great  struggle 
of  the  working  class,  to  free  itself  from  economic  ex- 
ploitation and  political  oppression,  and  in  such  reso- 
lution appeared  the  following  words : — *As  against  the 
false  doctrine  of  national  patriotism,  we  uphold  the 
ideal  of  the  international  working  class  solidarity.* 
The  manifesto  of  the  Socialist  Party,  in  convention 
assembled,  adopted  a  resolution  of  which  the  following 
is  a  part:  *We,  the  organized  Socialists  of  America, 
declare  our  solidarity  with  the  revolutionary  workers 
of  Russia  in  support  of  the  Government  of  their 
Soviets,  with  the  radical  Socialists  of  Germany,  Aus- 
tria and  Hungary  .  .  .  and  with  the  Socialist  organi- 
zations in  England,  France,  Italy  and  other  countries, 
who  during  the  war,  as  after  the  war,  have  remained 
true  to  the  principles  of  vmcompromising  international 
Socialism — Long  Live  the  International  Socialist  Rev- 
olution, the  only  hope  of  the  suffering  world' ;  and  in 
order  that  we  may  understand  what  this  solidarity 
means,  I  quote  from  page  i6  of  the  manifesto  of  the 
Communist  International  as  follows:  'Civil  war  is 
forced  upon  the  laboring  classes  by  their  arch-ene- 
mies. The  working  class  must  answer  blow  for  blow, 
if  it  will  not  renounce  its  own  object  and  its  own  fu- 
ture, which  is  at  the  same  time  the  future  of  all  hu- 
manity. The  Communist  parties,  far  from  conjuring 
up  civil  war  artificially,  rather  strive  to  shorten  its 
duration  as  much  as  possible;  in  cases,  it  has  become 
an  iron  necessity  to  minimize  the  number  of  its  vic- 
tims, and  above  all  to  secure  victory  for  the  pro- 
letariat. This  makes  necessary  the  disarming  of  the 
bourgeoisie  at  the  proper  time,  the  arming  of  laborers, 
and  the  formation  of  the  Communist  army  as  the  pro- 
tector of  the  rule  of  the  proletariat  and  the  inviolabil- 
ity of  the  social  structure.    Such  is  the  Red  Army  of 


THE  SUSPENSION  7 

Soviet  Russia,  which  rose  to  protect  the  achievements 
of  the  working  class,  against  every  assault  from  within 
or  without.  The  Soviet  army  is  inseparable  from  the 
Soviet  State.' 

"It  is  every  citizen's  right  to  his  day  in  court.  If 
this  house  should  adopt  a  resolution  declaring  your 
seat  herein  vacant,  pending  a  hearing  before  a  tribunal 
of  this  house,  you  will  be  given  an  opportunity  to  ap- 
pear before  such  tribunal  to  prove  your  right  to  a  seat 
in  this  legislative  body,  and  upon  the  result  of  such 
hearing  and  the  findings  of  the  Assembly  tribunal, 
your  right  to  participate  in  the  actions  of  this  body 
will  be  determined." 

The  House  hesitated  at  first,  then  broke  into  scat- 
tered applause.  The  five  men  who  stood  before  the 
bar  of  the  House  gave  no  sign  of  any  perturbation. 
There  was  an  instant's  silence,  and  then  Mr.  Claes- 
sen's  voice  broke  the  spell. 

"Mr.  Speaker,"  he  said.  "Do  I  understand  that  we 
have  no  rights  until  this  body  officially  decides?" 

"If  the  House  so  decides,"  said  the  Speaker. 

At  this  point  Mr.  Waldman  spoke  up.  Getting  the 
Speaker's  recognition,  he  said: 

"According  to  the  rules  adopted  by  this  body,  only  a 
little  while  ago,  a  member  elected  to  this  House  can 
only  be  unseated  when  charges  are  filed  against  him 
and  the  Judiciary  Committee  reports  on  the  situation 
and  then  action  is  taken  by  the  House.    Is  it  not  true?" 

The  Speaker  hesitated  for  a  moment.  He  answered : 
"The  chair  rules  that  the  Majority  Leader  be  given 
£m  opportunity  to  present  his  resolution." 

Mr.  Sweet's  reply  was  not  at  all  to  the  point,  but  it 
served  as  an  answer.  It  left  the  five  members  con- 
vinced that  no  information  as  to  their  rights  could  be 
expected  from  the  Chair.  They  returned  to  their  seats, 
to  await  the  next  move  of  their  opponents. 


8  ALBANY 

Mr.  Simon  Louis  Adler,  the  Republican  Majority 
Leader,  representing  the  Second  Assembly  District  of 
Mcttiroe  County,  arose. 

"Mr.  Speaker,"  he  cried. 

"The  gentleman  from  Monroe,  Mr.  Adler,"  said  the 
Speaker. 

"I  offer  a  privileged  resolution  and  move  its  adop- 
tion," said  Mr.  Adler. 

Said  the  Speaker,  "The  gentleman  from  Monroe,  Mr. 
Adler,  offers  a  privileged  resolution,  which  the  clerk 
will  read." 

The  clerk  then  read  the  following  resolution,  which 
is  now  historic  as  the  resolution  of  suspension: 

"WHEREAS,  Louis  Waldman,  August  Claessens, 
Samuel  A.  DeWitt,  Samuel  Orr  and  Charles  Solomon 
are  members  of  the  Socialist  Party  of  America,  and 

"WHEREAS,  the  said  Socialist  Party  did  at  its  of- 
ficial party  convention,  held  at  the  city  of  Chicago,  Illi- 
nois, in  the  month  of  August,  1919,  declare  its  adher- 
ence to  and  solidarity  with  the  revolutionary  forces  of 
Soviet  Russia,  and  did  pledge  itself  and  its  members 
to  the  furtherance  of  the  International  Socialist  Revo- 
lution and, 

"WHEREAS,  by  such  adherence  and  by  such  decla- 
ration made  by  the  said  party,  the  said  party  has  in- 
dorsed the  principles  of  the  Communist  International 
now  being  held  at  Moscow,  Russia,  which  Interna- 
tional is  pledged  to  the  forcible  and  violent  overthrow 
of  all  organized  government  now  existing,  and 

"WHEREAS,  Section  5  of  Article  2  of  Constitution 
of  the  Socialist  Party  of  America  provides  that  each 
member  of  the  Socialist  Party  of  America  must  sub- 
scribe to  the  following:  *in  all  my  political  actions 
while  a  member  of  the  Socialist  Party,  I  agree  to  be 
guided  by  tbe  Constitution  and  platform  of  the  party,' 
and 


THE  SUSPENSION  9 

"WHEREAS,  Section  13,  Subdivision  A,  of  the 
State  Constitution  of  the  SociaHst  Party  of  the  State  of 
New  York  provides,  *A  member  may  be  expelled  from 
the  party,  or  may  be  suspended  for  a  period  not  ex- 
ceeding one  year  for  the  following  offenses :  for  failing 
or  refusing,  when  elected  to  a  public  ofhce  ...  to 
abide  by  and  carry  out  such  instructions  as  he  may 
have  received  from  the  dues-paying  party  organization 
or  as  prescribed  by  the  State  or  National  Constitution,* 
and 

"WHEREAS,  such  instructions  may  be  given  by  an 
executive  committee  made  up  in  whole  or  part  of  aliens 
or  alien  enemies  owing  allegiance  to  governments  or 
organizations  inimical  to  the  interests  of  the  United 
States  and  the  people  of  the  State  of  New  York,  and 

"WHEREAS,  the  National  Convention  of  the  So- 
cialist Party  of  America  held  at  St.  Louis  from  about 
April  7  to  about  April  14,  191 7,  did  duly  adopt  resolu- 
tions that  the  only  struggle  which  would  justify  tak- 
ing up  arms  is  the  class  struggle  against  economic  ex- 
ploitation and  political  oppression,  and  particularly 
warned  against  the  snare  and  delusion  of  so-called  de- 
fensive warfare,'  and  such  resolutions  further  provided 
*as  against  the  false  doctrine  of  national  patriotism,  we 
uphold  the  ideal  of  international  working  class  solidar- 
ity,' and 

"WHEREAS,  the  Socialist  Party  of  America  did 
urge  its  members  to  refrain  from  taking  part  in  any 
way,  shape  or  manner  in  the  war,  and  did  affirmatively 
urge  them  to  refuse  to  engage  even  in  the  prosecution 
of  the  said  war,  and  did  thereby  stamp  the  said  party 
and  all  its  members  with  an  inimical  attitude  to  the 
best  interests  of  the  United  States  and  the  State  of 
New  York,  and 

"WHEREAS,  the  said  Louis  Waldman,  August 
Claessens,    Samuel    A.    DeWitt,    Samuel    Crr,    and 


lo  ALBANY 

Charles  Solomon,  members  of  the  Socialist  Party  of 
America,  having  been  elected  on  the  platform  of  the 
Socialist  Party  of  America,  have  thereby  subscribed 
to  its  principles  and  its  aims  and  purposes,  against  the 
organized  government  of  the  United  States  and  the 
State  of  New  York,  and  have  been  actively  associated 
with  and  connected  with  an  organization  convicted  of 
a  violation  of  Espionage  Act  of  the  United  States ; 

"Therefore,  be  it  resolved,  that  the  said  Louis 
Waldman,  August  Claessens,  Samuel  A.  DeWitt, 
Samuel  Orr  and  Charles  Solomon,  members  of  the  So- 
cialist Party,  be  and  they  hereby  are  denied  seats  in 
this  Assembly,  pending  the  determination  of  their 
qualifications  and  eligibility  to  their  respective  seats  in 
this  Assembly,  and  it  hereby  is  referred  to  the  Com- 
mittee on  Judiciary  of  the  Assembly  of  the  State  of 
New  York,  to  be  hereafter  appointed  and  that  the  said 
Committee  be  empowered  to  adopt  such  rules  of  pro- 
cedure as  in  its  judgment  it  deems  proper,  and  that 
said  Committee  be  further  empowered  to  subpoena  and 
examine  witnesses  and  documentary  evidence,  and  to 
report  to  this  body  its  determinations  as  to  the  quali- 
fications and  eligibility  of  the  said  Louis  Waldman, 
August  Claessens,  Samuel  A.  DeWitt,  Samuel  Orr  and 
Charles  Solomon,  and  each  of  them  respectively  to  a 
seat  in  this  Assembly." 

Mr.  Adler  had  hardly  uttered  the  last  word  of  this 
resolution  when  Speaker  Sweet  said  quickly: 

"The  question  is  upon  the  adoption  of  the  resolu- 
tion." 

Mr.  Waldman  interrupted  with  the  following  ques- 
tion: 

"May  I  inquire  whether  it  is  not  the  rule  of  this 
House  and  the  precedent  of  the  State  Legislature  that 
when  charges  are  filed  against  any  member  of  this* 
House,  the  duly  elected  member  is  permitted  to  repre- 


THE  SUSPENSION  ii 

sent  his  district  until  the  Judiciary  Committee  renders 
its  decision  and  renders  a  report  to  the  Legislature, 
whereupon  the  Legislature  acts?  Has  that  not  been 
the  precedent  and  is  it  not  the  rule?" 

The  Speaker  was  again  confused  for  a  moment,  but 
recovering,  he  laid  down  this  novel  doctrine: 

"In  reply,  the  Constitution  provides  that  the  House 
is  the  sole  judge  of  the  qualifications  of  its  members, 
and  IT  MAY  OR  MAY  NOT  GRANT  A  HEAR- 
ING." But  he  added  magnanimously :  "It  is  the  pur- 
pose in  this  case  that  you  shall  be  given  a  day  in  court. 
The  question  occurs  upon  the  adoption  of  the  resolu- 
tion." 

But  Mr.  Waldman  insisted:  "Mr.  Speaker,  on  a 
point  of  parliamentary  inquiry,  I  want  to  find  out  if 
it  is  possible  to  move  a  reference  of  this  resolution  to  a 
different  committee,  other  than  the  one  named?" 

By  this  time  the  Socialist  members  had  begun  to 
feel  that  their  case  was  about  to  be  "railroaded"  with- 
out a  hearing.  The  purpose  of  Mr.  Waldman's  ques- 
tion was  to  take  the  proceedings  at  this  point  out  of 
the  hands  of  the  Speaker  and  place  it  in  the  hands  of 
the  Committee  of  the  Whole  House. 

The  Speaker,  denying  the  well  established  right  of 
any  member  to  move  a  re-reference  to  the  House  as  a 
whole,  said: 

"If  the  resolution  is  adopted,  it  carries  its  own  refer- 
ence. The  question  is  upon  the  adoption  of  the  reso- 
lution; all  in  favor  will  say  aye,  all  opposed  will  sig- 
nify by  saying  no.    The  clerk  will  call  the  roll." 

The  name  of  the  Repubican  majority  leader,  Mr. 
Adler,  was  called  first.  He  voted  "Aye"  and  the  rest 
of  the  members  followed  his  course  without  question 
or  debate. 

As  the  clerk  began  to  call  the  name  of  each  mem- 
ber, the  House  relaxed  again,  the  members  of  the  two 


12  ALBANY 

older  parties  conversing  and  joking  among  themselves 
as  if  in  relief  that  the  matter  was  now  settled. 

When  the  name  of  Mr.  Evans,  a  member  from  The 
Bronx,  was  reached,  he  interrupted,  saying,  "I  wish 
to  be  excused  from  voting  and  briefly  state  my  rea- 
son." 

"Not  on  a  resolution,"  was  the  Speaker's  prompt 
reply.    "How  does  the  gentlemen  vote?" 

"I  vote  no,"  said  Mr.  Evans. 

The  roll  call  then  continued  until  the  name  of  Mr. 
Waldman  was  reached.  The  latter  was  silent.  The 
Speaker  was  forced  to  ask,  "How  does  Mr.  Waldman 
vote?" 

"I  refuse  to  vote,"  was  Mr.  Waldman's  reply.  The 
other  four  Socialist  members,  all  of  v/hom  preceded 
Mr.  Waldman  in  alphabetical  order,  voted  no.  Mr. 
McLaughlin,  of  The  Bronx,  also  voted  no. 

The  result  was  finally  announced:  Ayes  140  and 
Noes  6. 

Having  been  denied  all  opportunity  to  discuss  this 
resolution,  Mr.  Solomon,  a  member  of  the  Socialist 
group,  rose  to  a  point  of  personal  privilege — a  privilege 
never  denied  a  member  of  any  parliamentary  assem- 
bly in  a  case  where  personal  rights  are  in  question. 

But  the  Speaker  was  firm.  He  denied  this  too.  He 
declared:  "The  gentleman  who  rises  at  this  time  has 
no  privileges  on  the  floor.  The  gentlemen  involved 
please  retire  to  the  back  of  the  rail." 

The  Socialists  refused  to  leave.  A  deep  silence  fell 
upon  the  House.  All  eyes,  including  those  of  a  throng 
of  visitors,  were  fixed  upon  the  five  accused  men.  The 
Speaker  then  bluntly  ordered  the  Sergeant-at-Arms  to 
escort  the  Socialists  from  the  chamber.  The  Socialists 
again  refused  to  leave,  forcing  the  Sergeant-at-Arms 
to  lead  each  one  in  turn  to  the  rear  of  the  chamber. 


THE  SUSPENSION  13 

Whereupon  they  left  the  capitol,  followed  by  a  throng 
of  newspaper  men  and  curiosity  seekers. 

As  the  five  men  who  had  thus  been  subjected  to  an 
action  unprecedented  in  the  history  of  American  leg- 
islative annals  walked  out,  it  was  curious  to  observe 
the  change  that  had  taken  place  in  the  atmosphere  of 
the  Assembly  Chamber.  As  the  Socialists  passed  out 
of  the  aisles,  the  members  of  the  other  parties  sat  in 
their  seats  and  hung  their  heads.  None  of  them  dared 
to  look  at  the  men  who  had  been  denied  their  seats. 
A  few  of  them  on  the  Democratic  side  muttered  in  an 
undertone :  "Sorry,  boys,  we  couldn't  help  it." 


CHAPTER  II 

THE  COUNTRY'S  REACTION  TO  THE 
SUSPENSION 

The  news  of  the  summary  unseating  of  the  five  As- 
semblymen for  the  offense  of  being  Socialists  created 
throughout  the  country  the  profoundest  sensation  of 
modern  political  history  in  the  United  States. 

The  newspapers  chronicled  the  event  in  their  larg- 
est and  blackest  headlines.  In  the  East  it  was  the  main 
topic  of  conversation  wherever  men  gathered — ^in 
homes,  in  hotel  lobbies,  in  clubs,  on  trains,  in  labor 
halls,  in  the  street,  and  even  in  the  churches.  It  was 
recognized  that  something  momentous  had  occurred 
in  American  life — that  a  climax  had  been  reached  in 
governmental  affairs  the  end  of  which  no  one  could 
forsee. 

The  effect  on  the  country  at  large  was  at  first  diffi- 
cult to  describe.  A  large  portion  of  the  population  was 
apparently  bewildered — they  did  not  know  what  they 
thought  about  it.  Some  persons,  still  in  the  grip  of 
the  hate  psychology  created  during  the  world  war, 
contented  themselves  with  saying,  "Served  'em  right !" 
Others,  without  grasping  as  yet  the  full  import  of  the 
Assembly's  action,  recognized  that  it  contained  some- 
thing sinister  and  menacing.  They  felt  that  "those  fel- 
lows at  Albany  have  gone  too  far,"  but  their  feelings 
were  undefined.  Still  others,  perceiving  the  danger, 
felt  that  "the  Albany  crowd  had  spilled  the  beans." 

But  probably  the  most  bewildered  persons  in  the  en- 

14 


THE  COUNTRY'S  REACTION        15 

tire  country  were  Speaker  Sweet  and  his  advisers  at 
the  seat  of  government  in  the  Empire  State.  They 
had  firmly  believed  that  their  action  in  turning  the 
Socialists  out  of  their  seats  and  driving  them  out  of  the 
Assembly  chamber  would  be  greeted  with  frantic  ap- 
plause by  the  whole  nation.  They  had  seen  other  per- 
sons in  power  ride  into  popularity  and  gather  laurels 
of  public  approval  by  acts  aimed  at  what  they  were 
pleased  to  call  "the  radical  and  destructive  elements 
in  our  society."  They  fully  expected  to  receive  the 
same  meed  of  praise  and  ensuing  rewards.  They  had 
already  posed  themselves  to  receive  the  plaudits  of  the 
multitude.  They  had  bared  their  heads  for  the  crowns 
of  laurel.  Their  ears  were  alert  to  catch  the  strains  of 
the  music  which  should  hail  them  as  saviors  of  the 
State  and  as  dauntless  heroes  who  "had  showed  the 
way  for  other  states  to  follow." 

Their  consternation  may  be  imagined — well  con- 
cealed though  it  remained — when  instead  of  receiving 
garlands  of  flov/ers,  they  were  greeted,  metaphorically 
speaking,  with  a  shower  of  bricks. 

The  reaction  of  the  country,  once  it  had  gained 
momentum,  rushed  back  over  the  politicians  at  Albany 
with  overwhelming  force.  But  that  reaction  did  not 
come  at  once.  For  a  few  triumphant  hours  Speaker 
Sweet  and  his  supporters  imagined  that  they  could  go 
even  several  steps  further.  It  was  two  days  or  more 
before  the  full  force  of  the  storm  of  indignation  broke 
upon  them;  and  when  it  did  come,  they  ascribed  it 
merely  to  the  malice  or  ignorance  of  a  few  editors  and 
political  commentators. 


As  soon  as  the  Socialists  had  been  thrown  out  of 
the  Assembly  chamber,  the  scene  of  battle  was  trans- 
ferred from  there  to  the  Sta.c  Socialist  headquarters 


i6  ALBANY 

where  the  five  suspended  men  immediately  retired  for 
a  conference.  After  a  short  consultation  they  issued 
the  following  statement: 

"We  regard  our  exclusion  from  the  Assembly  as  or- 
ganized violence  on  the  very  essence  of  democracy — 
the  sacred  right  of  the  ballot.  It  is  a  denial  of  repre- 
sentative government.  It  is  the  shameless  establish- 
ment of  an  ugly  dictatorship — the  dictatorship  of 
naked  plutocracy. 

"The  whole  procedure  is  violative  of  the  fundamen- 
tal law  of  the  land  as  expressed  in  the  Constitution  and 
the  deepest  traditions  of  the  nation  as  voiced  in  the 
Declaration  of  Independence. 

"We  believe  in  the  accepted  methods  of  the  Socialist 
party — agitation,  education  and  organization  on  the 
political  and  industrial  field,  and  the  organization  of 
the  workers  particularly  for  the  expression  of  social 
dissatisfaction  through  their  unions  and  the  ballot  box. 

"We  shall  continue  to  counsel  a  transformation  of 
society  in  the  direction  of  industrial  democracy,  which 
can  be  accomplished  only  when  the  workers  own  those 
things  their  lives  depend  upon,  and  we  shall  urge  our 
auditors  and  adherents  to  act  in  an  orderly  and  legal 
manner. 

"It  is  not  at  all  improbable  that  the  action  of  the  As- 
sembly is  part  of  a  movement  of  organized  capital,  of 
which  the  Democratic  and  Republican  parties  are  the 
political  champions,  to  discourage  the  people  with  the 
methods  afforded  by  representative  government  and  to 
provoke  them  to  resort  to  the  methods  of  violence. 

"We  shall  do  all  in  our  power  to  expose  this  con- 
spiracy and  defeat  its  purpose. 

"While  this  is  a  new  experience  for  the  five  of  us, 
it  is  not  at  all  new  in  the  history  of  the  fight  for  social 
progress  in  its  essential  nature.  Before  and  since  Bis- 
marck, violence  of  this  nature  has  been  employed  with 


POLITICS  OUST  PRINCIPLES 


"YOU  GIT!" 


Courtesy  of  New  York  Worl^ 


17 


i8  ALBANY 

complete  failure,  and  the  recent  history  of  the  world 
especially  indicates  the  result  in  this  case. 

"As  in  the  past,  the  result  of  such  procedure  can  only 
be  to  arouse  additional  interest  in  the  principles  which 
we  represent  and  stimulate  the  growth  of  the  great 
movement  to  which  we  have  the  honor  to  belong.  Its 
immediate  political  effect  will  be  altogether  favorable. 

"We  assert  that  not  only  was  the  organic  law  of  the 
land  disregarded  in  our  case,  but  the  rules  of  the  As- 
sembly were  distorted  to  accomplish  this  lawlessness. 

"We  summon  the  American  people  to  save  their 
country  from  usurpers  who  would  make  it  into  a  new 
Czardom.    Eternal  vigilance  is  the  price  of  liberty. 

"We  have  nothing  to  apologize  for,  as  far  as  our 
opinions  and  convictions  are  concerned.  We  are  all 
proud  to  be  members  of  the  Socialist  Party." 

Having  arranged  all  their  affairs  at  the  capital, 
the  five  Socialists  sought  a  train  for  New  York  City. 
At  the  station  numerous  persons,  having  heard  the 
news,  came  up  to  tell  the  Assemblymen  of  their  good 
wishes  and  of  their  hopes  that  the  accused  men  would 
win  their  seats  back  again.  Among  those  who  came 
up  to  greet  the  five  were  a  group  of  workingmen. 
They  were  smiling  sardonically. 

"Well,  boys,"  said  one,  "do  you  still  believe  in  politi- 
cal action?" 

One  of  the  Assemblymen  replied:  "Yes,  more  than 
ever.    A  thousand  times  yes." 

Another  worker  broke  in.  "What's  the  use  of  your 
political  action  when  they  can  kick  you  out  whenever 
they  want?  We  told  you  when  you  get  strong  they 
won't  let  you  do  anything." 

Again  the  reply  was:  "Don't  worry.  They  are  only 
making  propaganda  for  us.  The  country  won't  stand 
for  this." 

The  workers,  unconvinced,  shook  their  heads,  but 


THE  COUNTRY'S  REACTION        19 

said,  "Well,  good  luck  to  you,  boys,"  as  the  five  men 
started  for  their  train. 

At  the  Grand  Central  Station,  New  York,  the  sus- 
pended Assemblymen  were  met  by  representatives  of 
the  press  and  of  the  Socialist  Party  who  escorted  them 
to  the  county  offices  of  the  party  in  New  York  City. 
They  were  there  met  by  cheering  crowds,  their  recep- 
tion resembling  a  jubilee  rather  than  an  expression  of 
condolence.  A  conference  was  already  in  progress. 
There  were  leading  Socialists  and  party  officials  from 
various  parts  of  Greater  New  York  who  had  gathered 
impromptu  to  receive  the  Assemblymen  and  to  accept 
the  gauge  of  battle  thrown  down  to  them  by  Speaker 
Sweet  and  his  associates.  This  conference  resulted  in 
the  creation  of  agencies  with  full  power  to  join  with 
the  five  Assemblymen  in  carrying  on  the  fight  to  its 
logical  conclusion. 

The  districts  which  the  five  suspended  members  rep- 
resented sent  committees  and  groups  composed  of 
men  from  all  parties  who  stated  their  indignation  at 
what  had  transpired  and  pledged  their  support  to  their 
representatives.  Mass  meetings  were  arranged  in  the 
five  districts  where  demonstrations  were  held,  born 
out  of  the  indignation  caused  by  the  arbitrary  proceed- 
ings at  Albany. 

In  the  cafes  and  other  gathering  places  in  the  dis- 
tricts which  had  been  deprived  of  their  representatives, 
the  people  said,  "Well,  it's  the  old  fight — taxation 
without  representation." 

The  five  men  addressed  their  constituents  in  a  state- 
ment, which  was  delivered  to  every  home,  as  follows : 

"You  know  by  this  time  the  story  of  our  exclusion 
from  the  Assembly,  to  which  you  elected  us  by  an 
overwhelming  vote.  It  has  been  told  in  the  press  of 
the  city  and  nation.    In  fact,  it  has  become  a  matter 


20  ALBANY 

of  international  interest.  With  few  exceptions,  the 
metropolitan  newspapers  have  condemned  the  action 
of  the  Assembly  as  a  dangerous  attack  on  democratic, 
representative  government  and  as  the  disfranchisement 
of  thousands  of  citizens. 

"The  brutal  Republican  majority,  aided  by  the  spine- 
less Democratic  minority,  and  dominated  by  the  Bour- 
bon, Speaker  Sweet,  has  taken  the  position  that  you 
have  no  right  to  be  represented  by  persons  of  your 
own  choice.  They  have  lav/lessly  driven  us  from  the 
State  Legislature  where  you  sent  us  to  fight  for  the 
things  you  need. 

"This  outrage  on  the  part  of  the  reactionaries  and 
the  rubber  stamps  in  our  state  government  has  roused 
all  true  Americans,  all  lovers  of  liberty,  all  who  desire 
orderly  progress  and  a  peaceful  solution  of  the  prob- 
lems that  vex  us  to  deep  resentment.  The  cry  has 
gone  up  for  our  reinstatement,  for  representative  gov- 
ernment, for  justice. 

"Ever  mindful  of  our  responsibilities,  of  the  faith  of 
our  constituents  in  us,  of  their  desires  and  aspirations, 
we  shall  do  our  utmost  to  serve  them  in  this  crisis  as 
in  the  past.  Whatever  course  we  may  decide  to  fol- 
low in  these  circumstances  will  be  dictated  by  our 
purpose  to  serve  you. 

"Should  it  be  necessary  for  us  to  suffer  for  our  con- 
victions, we  shall  do  so  without  complaint. 

"We  are  strong  in  the  knowledge  that  you  are  with 
us  in  this  fight,  which  is  the  fight  for  fundamental 
Americanism.  This  great  responsibility  has  fallen 
upon  us.    We  cannot  and  must  not  shirk  it." 

As  yet,  the  non-Socialist  public,  as  far  as  its  views 
v/ere  reflected  by  the  press,  seemed  to  be  merely  dazed 
by  the  occurrence  at  Albany.  The  news  was  received 
with  a  feeling  more  like  simple  amazement  than  in- 


THE  COUNTRY'S  REACTION        21 

dignation.  The  tone  of  the  press  was  that  of  neutral- 
ity. Of  all  the  New  York  morning  newspapers,  only 
two  carried  editorials  dealing  v/ith  the  suspension.  Of 
these,  one  was  the  New  York  World,  a  daily  of  large 
circulation  reflecting  the  views  of  the  more  liberal  ele- 
ments among  the  Democratic  Party.  The  other  was 
the  New  York  Call,  organ  of  the  Socialist  Party. 

The  World  dealt  with  the  action  of  the  Assembly 
under  an  editorial  as  follows : 

"A  LEGISLATIVE  OUTRAGE" 

"It  was  after  consultation  with  the  Attorney  Gen- 
eral of  the  State  of  New  York  that  Speaker  Sweet 
called  the  five  Socialist  Assemblymen  before  the  bar 
of  the  House  and  accused  them  of  having  been  elected 
on  a  'platform  absolutely  inimical  to  the  best  interests 
of  the  State  of  New  York  and  the  United  States.'  It 
was  upon  motion  of  the  Majority  Leader  that  the  five 
men  were  suspended  until  their  cases  can  be  heard  by 
a  committee  of  the  Assembly. 

"This  is  a  procedure  as  extraordinary  as  it  is  dan- 
gerous. For  years  the  Socialist  Party  has  been  recog- 
nized in  every  State  of  the  Union.  Its  right  to  vote 
and  to  representation  has  been  unquestioned.  It  has 
elected  Aldermen,  Assemblymen,  Mayors,  Representa- 
tives in  Congress,  and  the  men  so  elected  have  served 
their  terms  without  hindrance.  In  New  York  City 
alone  it  has  cast  145,000  votes  for  its  candidates  for 
Mayor — nearly  three  times  as  many  as  were  received 
by  the  nominee  of  the  party  which  now  assumes  to 
read  duly-elected  members  out  of  the  Legislature  be- 
cause their  political  creed  is  not  to  the  liking  of  Mr. 
Newton,  Mr,  Sweet  and  Mr.  Adler. 

"Not  with  impunity  are  entire  political  parties  thus 
proscribed  and  deprived  of  their  rights  under  repre- 
sentative government.    This  day's  work  may  not  mean. 


22  ALBANY 

as  Assemblyman  Solomon  predicts,  that  'the  Socialists 
will  have  thirty  votes  in  the  next  Assembly.'  It  would 
not  be  strange  if  they  should  have  more  than  five. 
And — five  or  fifty — they  will  have  the  right  to  sit. 

"While  we  are  deporting  aliens  on  the  ground  that 
they  seek  to  substitute  violence  for  the  orderly  proc- 
esses of  constitutional  government,  the  New  York  As- 
sembly excludes  regularly  elected  representatives  who 
are  citizens,  who  are  chosen  by  citizens,  and  who  have 
strictly  followed  the  constitutional  process.  What 
happened  at  Albany  yesterday  was  a  wanton  denial 
of  the  fundamental  principle  of  representative  govern- 
ment. It  was  in  effect  Bolshevism  masquerading  in 
the  livery  of  Americanism  and  as  gross  a  violation  of 
the  spirit  of  American  institutions  as  anything  the 
Reds  are  trying  to  do."    ' 

The  New  York  Call  appeared  the  next  morning, 
January  8,  with  an  epitaph  across  the  top  of  its  first 
page  of  eight  columns  bordered  with  black  and  read- 
ing as  follows : 

"DIED 

"At  Albany,  January  7,  1920, 
"Representative  Government." 

Editorially  the  Call  urged  Socialist  adherents  not 
to  be  stampeded  into  violence  by  the  lawless  actions 
of  those  who  pretended  to  stand  for  law  and  order. 
It  went  on  to  say : 

"The  Socialist  party  has  stood  for  political  action; 
has  stood  for  the  settlement  of  the  industrial  problems 
that  press  so  heavily  upon  us  all  by  the  use  of  the 
ballot.  In  standing  for  this  it  has  been  bitterly  criti- 
cized by  many  workers  impatient  at  the  abuse  of  po- 
litical power  by  the  capitalist  class.     These  workers 


THE  COUNTRY'S  REACTION        23 

have  insisted  that  pohtical  power  is  of  no  value  in  se- 
curing to  the  working  class  industrial  justice.  They 
have  pointed  to  the  dishonest  methods  of  both  the 
Republicans  and  Democrats.  They  have  pointed  to 
the  terrorism  let  loose  at  the  polls  on  election  day  and 
at  the  frauds  perpetrated  during  the  count  through  the 
control  of  the  election  machinery  by  the  political  tools 
of  capitalism.  The  Socialists,  while  admitting  that  the 
politicians  of  the  capitalist  class  parties  have  com- 
mitted all  these  outrages,  have  insisted  that  the  only 
remedy  for  these  conditions  was  a  continuous  educa- 
tional campaign  to  bring  an  ever-increasing  number 
of  citizens  to  our  point  of  view.  We  have  insisted  in 
spite  of  all  temptations ;  in  spite  of  all  the  aggravated 
thievery  of  the  political  tools  of  capitalism,  that  we 
are  going  to  settle  all  matters  of  government  by  the 
peaceable  means  of  the  ballot. 

"And  now  comes  the  Legislature  of  the  State  of 
New  York  as  an  ally  of  those  who  insist  that  a  mi- 
nority has  no  chance  by  peaceable  political  methods 
in  securing  industrial  justice.  If  we  belonged  to  the 
hysterical  group  of  the  community  that  allows  itself 
to  be  stampeded  by  its  indignation  into  playing  the 
sort  of  a  game  the  lords  of  misrule  are  so  anxious  to 
have  us  play,  we  might  fall  into  the  very  trap  the  fused 
misrepresentatives  of  the  people  at  Albany  have  set 
for  us. 

"But  we  refuse  to  be  stampeded.  We  believe  in- 
peaceable  political  action,  because  we  believe  that  it 
will  eventually  help  to  achieve  the  industrial  freedom 
of  the  workers.  It  will  take  more  than  the  panic- 
stricken  action  of  a  lot  of  politicians  temporarily  hold- 
ing office  to  make  us  change  our  position.  In  onie 
sense  the  action  of  the  Legislature  is  a  great  compli- 
ment to  the  Socialists.    Bodies  of  its  character  always 


24  ALBANY 

become  frightened  when  they  see  the  opening  wedge 
of  truth  entering. 

"We  are  glad  to  be  able  to  record  that  there  were 
two  Americans  sitting  in  the  Legislature  yesterday  be- 
sides the  five  Americans  suspended  by  the  votes  of 
the  traitors  to  the  institutions  of  this  Republic.  The 
names  of  these  two  Americans  should  be  set  down 
here  for  future  generations  to  read.  They  are  As- 
semblymen McLaughlin  and  Evans. 

"The  capitalist  class  has  determined  to  use  every  ef- 
fort to  crush  the  Socialist  movement.  Socialism  is 
teaching  the  workers  to  think  for  themselves  and  this 
spells  ruin  for  the  robber  class.  Every  official  from 
the  very  highest  to  the  very  lowest  whom  it  can  use 
to  accomplish  its  purpose  is  to  be  used.  And  in  spite 
of  all  its  power  it  will  fail.  For  a  time  it  may  seem 
to  succeed.  But  the  very  persecution  it  lets  loose  will 
eventually  destroy  the  robber  system. 

"The  more  the  thinking  portion  of  the  workers  are 
persecuted  the  more  strongly  their  organization  will 
be  cemented,  and  the  more  widely  will  the  truth  be 
spread.  And  it  is  only  through  the  spreading  of  this 
truth  that  freedom  will  be  achieved.  The  first  word 
in  the  new  campaign  against  the  workers  v/as  spoken 
by  the  speaker  of  the  Assembly  yesterday.  But  the 
last  word  will  be  spoken  by  the  workers." 

On  the  day  following  suspension,  the  leaders  of  the 
Legislature  at  Albany,  not  yet  aware  of  the  storm  of 
resentment  that  was  about  to  break  over  their  heads 
and  exulting  over  their  action  of  the  day  before,  an- 
nounced a  further  step.  It  was  given  out  that  they 
planned  to  put  through  laws  preventing  all  members 
of  the  Socialist  Party  from  holding  any  elective  of- 
fice whatever  in  New  York  State. 

Meanwhile,   public   opinion,   which   first  had  been 


THE  COUNTRY'S  REACTION        25 

staggered  by  the  news  from  Albany,  had  begun  to 
gather  itself  and  take  notice.  On  the  morning  of  Jan- 
uary 9,  the  New  York  World  appeared  with  a  long 
editorial  entitled  "A  Blow  at  Free  Government."  This 
editorial  went  on  to  say; 

"The  most  dreadful  blow  ever  dealt  to  representa- 
tive government  in  the  United  States  was  struck  by 
the  New  York  Assembly  when  five  Socialist  members 
were  suspended  because,  as  Speaker  Sweet  said,  'You 
have  been  elected  on  a  platform  that  is  absolutely 
inimical  to  the  best  interests  of  the  State  of  New  York 
and  of  the  United  States.* 

"That  is  what  every  political  party  says  about  the 
political  platform  of  every  other  party.  If  the  action 
of  the  New  York  Assembly  can  stand  as  a  precedent, 
representative  government  has  ceased  to  exist  in  this 
state  because  all  the  rights  of  the  minority  have  been 
destroyed.  No  minority  party  can  be  represented  in 
the  Legislature  except  on  a  platform  that  is  satisfac- 
tory to  the  majority  party. 

"The  doctrine  that  the  New  York  Assembly  has 
enunciated  under  the  leadership  of  Speaker  Sweet  is 
not  a  doctrin^of  Republican  institutions.  It  is  not  a 
doctrine  of  Democracy.  It  is  a  doctrine  of  despotism, 
in  violation  of  every  principle  upon  which  representa- 
tive government  rests." 


The  editorial  continued: 

"At  a  time  when  every  patriotic  agency  is  trying  to 
establish  that  discontent  must  take  its  case  to  the  bal- 
lot box  and  that  under  no  circumstances  must  there  be 
any  feeling  of  force  or  violence,  the  New  York  As- 
sembly autocratically  denies  the  authority  of  the  bal- 
lot box.     It  deliberately  seeks  to  drive  discontent  to 


26  ALBANY 

the  use  of  force  and  violence.  In  fact,  it  says  in  effect 
that  for  people  whose  party  platforms  are  not  approved 
by  the  majority  there  can  be  no  political  redress  ex- 
cept through  revolution. 

"Has  the  Assembly  lost  all  sense,  all  reason?  The 
thing  that  has  been  done  is  incomprehensible.  The 
rights  and  liberties  of  every  citizen  of  New  York,  no 
matter  what  his  politics  may  be,  are  put  in  jeopardy 
when  the  majority  denies  to  the  minority  the  consti- 
tutional processes  of  free  government.  It  is  the  duty 
of  every  citizen  who  respects  law  and  order  and  the 
guarantees  of  the  constitution  to  support  these  five 
Socialists  in  the  fight  they  are  making  for  the  vindi- 
cation of  a  principle  without  which  representative  in- 
stitutions in  this  state  have  ceased  to  exist." 

The  New  York  Tribune  of  January  9  also  appeared 
with  a  long  editorial  in  which  it  seemingly  upheld  the 
novel  doctrine  enunciated  by  Speaker  Sweet  that  the 
unseated  men  were  presumed  to  be  guilty  until  they 
prove  themselves  innocent.  In  this  editorial  the  Trib- 
une, instead  of  putting  it  up  to  the  Assembly  to  prove 
the  guilt  of  the  accused  Socialists,  simply  said,  "To 
prove  innocence,  they  should  be  given  full  oppor- 
tunity." 

However,  other  newspapers  throughout  the  country 
condemned  the  Assembly's  action  unhesitatingly. 
The  New  York  Evening  Post  declared  that  the  As- 
sembly "has  arrogated  the  right  to  interpret  a  state- 
ment of  principles  into  an  attack  against  the  public 
welfare,  and  it  has  made  all  subscribers  to  these  prin- 
ciples ipso  facto  violators  of  the  law." 

The  New  York  Globe  stated  that  "If  an  expulsion 
of  these  men  is  railroaded  through  and  their  defeated 
opponents  in  the  last  election  are  seated  in  their  place, 
more  harm  will  be  done  to  the  theory  of  liberty  under 


THE  COUNTRY'S  REACTION        27 

law,  and  the  principle  of  Democratic  government  than 
has  been  done  in  generations."  The  Globe  editorial 
went  on  to  ridicule  the  charge  against  the  Socialists 
that  they  believed  in  violence,  saying :  "The  very  fact 
that  the  Socialists  seek  a  franchise  shows  that  they 
accept  the  democratic  form  laid  down  in  the  Consti- 
tution. It  shows  that  the  members  in  the  past  in  the 
Legislature  have  done  nothing  whatever  revolution- 
ary. On  the  contrary,  the  impartial  testimony  of  a 
non-Socialist  investigation  declared  that  they  stood 
head  and  shoulders  above  their  Democratic  and  Re- 
publican opponents." 

The  Brooklyn  Standard-Union,  a  leading  Republi- 
can paper,  called  "the  action  of  the  Assembly  in  sus- 
pending the  five  Socialists  utterly  wrong  in  principle 
and  lamentable  as  a  matter  of  pohcy.  The  ground  of 
their  suspension  is  their  election  on  the  platform  of  a 
party  that  is  opposed  to  the  organized  government  of 
the  nation  and  state  and  that  they  are  connected  with 
an  organization  convicted  of  the  violation  of  the  Es- 
pionage law  of  the  United  States.  This  is  ridiculous. 
The  Socialist  members  have  neither  been  convicted  of 
crime  nor  even  indicted  for  crime." 

Comments  opposing  the  action  of  the  Assembly 
were  by  no  means  confined  to  Democratic  papers,  but 
appeared  even  in  the  most  conservative  Republican 
organs.  For  example,  the  Pittsburgh  Leader  re- 
marked that: 

"Perhaps  the  next  time  the  favorite  Southern 
pastime  of  lynching  negroes  is  condemned,  the  advo- 
cates of  lynch  law  may  ask  Northern  critics  to  give 
consideration  to  the  mob  tactics  of  the  New  York 
Legislature  yesterday  in  depriving  five  members  of 
that  party  of  their  seats  and  legal  rights.  If  the 
Southerners  ask  for  fair  comparison  between  the  de- 
gree of  lawlessness  in  their  acts,  often  in  the  heat  of 


28  ALBANY 

anger  £ind  in  the  presence  of  an  atrocious  crime,  and 
that  of  the  New  York  law  makers,  they  will  impose  a 
severe  contrast  upon  us.  The  five  members  unseated, 
so  far  as  mob  action  can  affect  the  purpose,  are  Social- 
ists, and  that  is  offered  as  the  only  reason  and  the  in- 
sufficient excuse  for  the  lynching.  More  harm  has 
been  inflicted  upon  the  principles  of  political  freedom 
and  popular  self-government,  the  American  ideals,  by 
the  New  York  Legislature  than  all  the  blatant  mouth- 
ings  of  the  reddest  of  Reds." 

The  Indianapolis  Star,  apparently  resenting  the 
prominence  that  might  be  given  to  Socialists,  said,  "It 
may  be  irritating  to  see  Socialists  sent  to  the  Legis- 
lature as  such  but  summary  ejection  scarcely  is  the 
way  to  deal  with  the  problems  that  they  present." 


CHAPTER  III 
THE  TIDE  OF  PROTEST  RISES 

Within  forty-eight  hours  after  the  unseating  of  the 
Socialists,  it  was  apparent  that  both  of  the  old  politi- 
cal organizations  had  been  thrown  into  confusion. 
Protests  arose  from  every  section  of  the  country.  The 
Democratic  party  sought  to  disclaim  responsibility, 
although  its  members  in  the  Assembly  had  voted  for 
suspension.  Even  in  the  ranks  of  the  Republican 
party  there  were  men  who  complained  that  they  voted 
without  knowing  what  they  were  doing,  asserting  that 
the  resolution  was  sprung  upon  them,  that  debate  was 
denied,  and  that  they  had  no  opportunity  to  grasp  the 
import  of  their  vote. 

Charles  Evans  Hughes,  former  Governor  of  the 
State  of  New  York,  ex- Justice  of  the  United  States 
Supreme  Court,  and  candidate  for  the  Presidency 
against  Woodrow  Wilson,  sent  a  letter  to  Speaker 
Sweet  rebuking  his  stand.  This  was  a  bombshell  in 
the  enemy's  camp.  It  created  consternation  among 
those  reactionary  politicians  who  had  always  regarded 
ex- Justice  Hughes  as  "regular."  It  had  the  effect  of 
adding  fuel  to  the  flare  of  public  indignation.  Mr. 
Hughes'  letter  follows:  January  9,  1920.  -- 

"Hon.  Thaddeus  C.  Sweet,  Speaker  of  the  Assembly, 

Albany,  N.  Y. 
"My  dear  Mr.  Speaker: 

"I  deeply  regret  the  action  of  the  Assembly  in  sus- 
pending five  members  of  the  Socialist  Party  who  have 
been  duly  elected.  I  think  that  you  will  agree  that 
the  high  prerogative  of  the  Assembly  to  pass  upon 
the  qualifications  of  its  ovvti  members  should  be  exer- 

29 


30  ALBANY 

cised  in  accordance  with  the  spirit  of  our  institutions. 

"It  is  not,  as  I  view  it,  in  accordance  with  the  spirit 
of  our  institutions,  but  on  the  contrary,  it  is  absolutely 
opposed  to  the  fundamental  principles  of  our  Govern- 
ment for  a  majority  to  undertake  to  deny  representa- 
tion to  a  minority  through  its  representatives  elected 
by  ballots  lawfully  cast. 

"If  there  was  anything  against  these  men  as  indi- 
viduals, if  they  were  deemed  to  be  guilty  of  criminal 
offenses,  they  should  have  been  charged  accordingly. 

"But  I  understand  that  the  action  is  not  directed 
against  these  five  elected  members  as  individuals,  but 
that  the  proceeding  is  virtually  an  attempt  to  indict 
a  political  party  and  to  deny  it  representation  in  the 
Legislature.  That  is  not,  in  my  judgment,  American 
government. 

"I  understand  that  it  is  said  that  the  Socialists  con- 
stitute a  combination  to  overthrow  the  Government. 
The  answer  is  plain.  If  public  officers  or  private  citi- 
zens have  any  evidence  that  any  individuals,  or  group 
of  individuals,  are  plotting  revolution,  and  seeking  by 
violent  measures  to  change  our  government,  let  the 
evidence  be  laid  before  the  proper  authorities  and 
swift  action  be  taken  for  the  protection  of  the  com- 
munity. 

"Let  every  resource  of  inquiry,  of  pursuit,  of  prose- 
cution, be  employed  to  ferret  out  and  pimish  the  guilty 
according  to  our  laws.  But  I  count  it  a  most  serious 
mistake  to  proceed  not  against  individuals  charged 
with  violation  of  law  but  against  masses  of  our  citi- 
zens combined  for  political  action,  by  denying  them 
the  only  resource  of  peaceful  government — that  is,  ac- 
tion by  the  ballot  box  and  through  duly  elected  rep- 
resentatives in  legislative  bodies. 

"The  issue  to  my  mind  is  very  clear.  I  speak  as 
one  utterly  opposed  to  Socialism  and  in  entire  sym- 


THE  TIDE  OF  PROTEST  RISES     31 

pathy  with  every  effort  to  put  down  violence  and 
crime.  But  it  is  because  I  am  solicitous  to  maintain 
the  peaceful  processes  essential  to  democracy  that  I 
am  anxious  to  see  Socialists  as  well  as  Republicans 
and  Democrats  enjoy  their  political  rights. 

"Are  Socialists,  unconvicted  of  crime,  to  be  denied 
the  ballot?  If  Socialists  are  permitted  to  vote,  are 
they  not  permitted  to  vote  for  their  own  candidates? 
If  their  candidates  are  elected  and  are  men  against 
whom  as  individuals,  charges  of  disqualifying  offenses 
cannot  be  laid,  are  they  not  entitled  to  their  seats? 

"What,  may  I  add,  is  it  supposed  these  Socialists 
will  do  in  the  Legislature?  As  members  they  may 
introduce  bills,  they  may  oppose  bills,  they  may  de- 
bate them.  In  all  matters  they  are  subject  to  the  rules 
of  the  Assembly.  Why  should  these  privileges  be  de- 
nied to  representatives  of  the  Socialist  Party?  Is  it 
not  clear  that  the  Government  cannot  be  saved  at  the 
cost  of  its  own  principles? 

"If  the  Socialists  were  denied  recourse,  through 
their  duly  elected  representatives,  to  the  orderly 
processes  of  government,  what  resort  is  there  left  to 
them?  Is  it  proposed  to  drive  the  Socialists  to  revo- 
lution by  denying  them  participation  in  the  means  we 
have  provided  for  orderly  discussion  of  proposed 
changes  in  our  laws? 

"Nothing  in  my  judgment,  is  a  more  serious  mis- 
take at  this  critical  time  than  to  deprive  Socialists  or 
radicals  of  their  opportunities  for  peaceful  discussion 
and  thus  to  convince  them  that  the  Reds  are  right  and 
that  violence  and  revolution  are  the  only  available 
means  at  their  command. 

"I  appreciate  deeply  your  high  sense  of  responsi- 
bility and  your  anxiety  faithfully  to  serve  the  people 
of  the  State.  I  am  constrained  to  write  in  this  way 
because  of  the  seriousness  of  the  issue.     I  sincerely 


32  ALBANY 

hope  that  the  Assembly  will  take  swift  action  to  avoid 
a  permanent  grievance  on  the  part  of  those  who  are 
threatened  with  virtual  disfranchisement.  I  have  suf- 
ficient confidence  in  our  institutions  to  believe  that 
they  will  survive  all  the  onslaughts  of  discussion  and 
political  controversy.  But  Democracy  cannot  be  pre- 
served if  representation  is  denied.  Apart  from  the 
matter  of  principle,  the  procedure  is  futile.  To  shut 
cut  the  duly  elected  representatives  of  the  Socialists 
is  merely  to  multiply  Socialists  by  the  thousand. 

"Instead  of  protecting  us  from  revolution,  it  will  do 
more  to  encourage  the  spirit  of  revolution  and  to 
strengthen  the  advocates  of  violence  than  any  con- 
ceivable propaganda  could  accomplish. 

"I  remain,  with  high  respect, 

"Very  sincerely  yours, 

"CHARLES  E.  HUGHES." 

The  day  following,  Speaker  Sweet  made  a  reply 
v/hich  attempted  to  deny  that  he  had  intended  an  at- 
tack on  a  political  party  but  instead  merely  meant  to 
question  the  personal  fitness  of  its  members.  His  let- 
ter follows : 
"Hon.  Charles  E.  Hughes, 

"My  dear  Judge  Hughes : 

"I  notice  in  to-day's  columns  of  the  press  that  you 
communicated  to  me  your  views  upon  the  action  of 
the  Assembly  in  the  adoption  of  the  resolution  sus- 
pending the  right  of  the  five  Socialists  to  seats  in  that 
body,  pending  an  investigation  of  the  charges  that 
they  are  unfit  to  occupy  a  seat  in  the  Assembly  of  the 
State  of  New  York.  It  seems  from  your  communica- 
tion that  you  have  assumed  that  the  action  of  the  As- 
sembly was  in  the  nature  of  expulsion.  If  you  read 
carefully  and  were  familiar  with  the  language  of  the 


THE  TIDE  OF  PROTEST  RISES     33 

resolution  adopted,  you  would  see  that  the  resolution 
provides  as  follows:  'Therefore,  be  it  resolved,  that 
the  said  (naming  the  five  Socialist  members)  be  de- 
nied seats  in  this  Assembly  pending  the  determination 
of  their  qualifications  and  elegibility  to  their  respec- 
tive seats/ 

"You  should  bear  clearly  in  mind  that  no  attack  is 
made  upon  the  views  of  the  Assemblymen-elect  in 
question,  however  opposed  they  may  be  in  theory  to 
the  institutions  of  the  United  States  and  in  this  State. 
The  question  presented  squarely,  is  whether  the  dif- 
ferent organizations  of  which  they  are  members  and 
which  they  seek  to  represent  in  the  Legislature,  advo- 
cate methods  and  employ  tactics  to  bring  about  the 
overturn  of  our  form  of  Government  which  will  jus- 
tify their  exclusion  from  participating  in  legislative 
proceedings. 

"The  evidence  respecting  the  Socialist  Party  of 
America  and  other  organizations  to  which  they  belong 
and  the  conduct  of  the  five  Assemblymen-elect  as 
members  thereof,  will  be  presented  before  the  Judici- 
ary Committee  and  will  there  be  impartially  judged 
with  a  view  to  determine  the  rights  and  fitness  of 
those  individuals  to  take  their  seats,  and  in  this  con- 
nection, it  might  be  well  to  call  your  attention  to  this 
outstanding  fact,  that  a  sharp  line  of  demarcation  was 
drawn  in  April,  191 7,  between  Socialism  and  the  So- 
cialist Party  of  America — those  Socialists  who  placed 
the  honor  of  their  country  above  their  creed  resigned 
from  the  Socialist  Party  of  America  and  have  done 
their  utmost  to  point  out  that  the  Socialist  Party  of 
America  as  at  present  constituted  is  un-American,  is 
allied  with  forces  of  Soviet  Russia  in  an  attempt  to 
institute  in  this  country  a  new  form  of  government 
and  a  dictatorship  of  the  proletariat. 

"To  quote  from  your  letter,  you  stated :  'If  the  pub- 


34  ALBANY 

lie  of&cers  or  private  citizens  have  any  evidence  that 
any  individual  or  group  of  individuals  are  plotting 
revolution  and  seeking  by  violent  measures  to  change 
our  Government,  let  the  evidence  be  laid  before  the 
proper  authorities.' 

"Is  not  the  Judiciary  Committee  of  the  Assembly 
the  proper  tribunal  to  investigate  the  fitness  of  those 
who  seek  seats  in  the  Assembly  as  the  rules  of  that 
body  provide,  and  is  not  the  Assembly  in  itself  the 
proper  tribunal  to  determine  the  question  of  fitness  of 
these  five  men?  The  Constitution  of  this  State  so  pro- 
vides. 

"I  believe  it  is  my  duty,  as  it  is  that  of  every  patri- 
otic citizen,  to  withhold  judgment  until  findings  of 
fact  are  presented  and  a  fair  determination  had. 

"I  must  further  emphasize  that  I  believe  that  a  criti- 
cism of  the  Assembly's  action  without  full  knowledge 
of  the  facts  in  the  case,  of  necessity  gives  aid  and  com- 
fort to  those  elements  of  our  society  which  seek  the 
destruction  of  our  institutions." 

Speaker  Sweet  thus  showed  signs  of  weakening. 
His  plea  against  being  prejudged  was  in  strong  con- 
trast to  his  powerful  attitude  on  January  7,  when  he 
demanded  that  the  five  Socialists  be  suspended  "with 
or  without  a  hearing." 

To  add  to  the  confusion  existing  in  the  ranks  of  the 
opposition,  the  Socialists  now  made  public  a  privileged 
resolution  they  had  intended  to  introduce  in  the  As- 
sembly on  January  7,  when  under  the  rules,  such  al 
resolution  could  have  been  offered.  This  resolution 
was  of  international  import.  Having  been  prevented 
from  introducing  it  because  of  their  suspension,  they 
issued  it  to  the  press,  which  published  it  throughout 
the  country.    The  resolution  was  as  follows : 


AFTER  ALL  THE  YEARS 


Courtesy'of  N.  Y.  Evening  Journai 

CAN  THIS  RIGHT  BE  ALIENATED? 


35 


36  ALBANY 

**Be  it  resolved  by  the  Assembly  of  the  State  of 
New  York  that  we  request  the  following  information 
from  the  legislative  committee  currently  known  as  the 
Lusk  Committee. 

"i.  Is  it  true  that  on  June  12,  1919,  the  committee, 
through  its  direct  wire  and  over  the  switchboard  of 
the  Prince  George  Hotel,  New  York  City,  called  up 
Bowling  Green  9696,  which  is  the  'phone  number  of 
the  British  Military  Attache,  Col.  Thwaites,  and  spoke 
to  R.  N.  Nathan,  arranging  for  a  raid  on  the  Soviet 
Bureau  in  New  York  City? 

"2.  Is  it  true  that  R.  N.  Nathan  is  the  Chief  of  the 
British  Secret  Service  in  this  country? 

"3.  Is  it  true  that  the  raid  on  the  Soviet  Bureau 
was  executed  on  the  following  day,  June  13,  in  ac- 
cordance with  arrangements  made  between  the  com- 
mittee and  the  Chief  of  the  British  Secret  Service,  Mr. 
Nathan? 

"4.  Is  it  true  that  the  papers  obtained  in  the  raid 
were  removed  to  the  office  of  a  private  detective  at 
No.  30  East  42d  Street? 

"5.  Is  it  true  that  Mr.  Nathan  joined  the  raiding 
party  in  the  office  of  the  private  detective  and  in  the 
presence  of  representatives  of  the  committee,  includ- 
ing its  associate  counsel,  Archibald  E.  Stevenson,  took 
original  copies  of  these  papers  and  carried  them  away 
with  him? 

"6.  Is  it  true  that  these  papers  were  never  returned 
to  the  committee? 

"7.  (a)  Is  it  true  that  the  remaining  papers  were 
turned  over  to  the  firm  of  Oliver  Lippincott  &  Co., 
photo§taters  at  No.  230  Broadway,  New  York  City, 
where  about  3,500  copies  of  duplicates  were  ordered 
to  be  made? 

"(b)     Is  it  true  that  in  the  month  of  August,  igig, 


THE  TIDE  OF  PROTEST  RISES     37 

a  package  of  these  photostats  were  delivered  to  Mr. 
Nathan  at  the  Hotel  Biltmore,  New  York  City? 

**(c)  Is  it  true  that  the  bill  for  these  photostats, 
approximating  $1,200,  was  paid  in  two  installments, 
one  with  a  check  drawn  by  the  committee  on  the  Har- 
riman  National  Bank  for  $600,  and  the  other  some 
time  later  with  $600  in  cash? 

"(d)  And  is  it  true  that  prior  to  the  cash  payment 
to  Oliver  Lippincott  &  Co.,  Mr.  Nathan  handed  a  roll 
of  bills  to  the  Sergeant-at-Arms  of  the  committee? 

"8.  Is  it  true  that  Mr.  Nathan  also  participated  in 
the  raid  on  the  Rand  School? 

"9,  Is  it  true  that  shortly  after  the  aforementioned 
incidents  Mr.  Nathan,  in  full  possession  of  the  origi- 
nal papers  and  photostats,  left  the  United  States  for 
England? 

"10.  Is  it  true  that  the  original  papers  obtained  by 
Mr.  Nathan  were  of  great  commercial  importance  to 
the  United  States  and  that  his  possession  of  them  en- 
abled his  Government  to  obtain  commercial  and  diplo- 
matic advantages  in  its  relations  with  the  Soviet  Gov- 
ernment of  Russia?" 

The  committee  referred  to  here  was  the  committee 
appointed  by  the  Legislature  in  March,  1919,  to  "in- 
vestigate the  scope,  tendencies,  and  ramifications  of 
seditious  activities  (on  the  part  of  'a  large  number  of 
persons  within  the  State  of  New  York'),  and  to  report 
the  result  of  this  investigation  to  the  Legislature." 

This  body  took  its  name  from  its  chairman,  Senator 
Clayton  R.  Lusk,  of  Cortland,  N.  Y.,  and  thereafter 
became  knov/n  as  the  Lusk  Committee.  It  came  into 
existence  upon  the  motion  of  a  private  organization, 
the  Union  League  Club  of  New  York  City,  and  was 
dominated  by  its  associate  counsel,  Archibald  Ewing 
Stevenson,  a  member  of  and  a  representative  of  the 


38  ALBANY 

club.  This  organization  is  known  as  the  political  club 
of  Wall  Street. 

The  activities  of  the  Lusk  Committee  were  excel- 
lently characterized  by  Samuel  Untermeyer,  a  promi- 
nent attorney  of  New  York  City  and  conspicuous  in 
political  life,  in  a  letter  to  Senator  Lusk  as  "incredibly 
imlawful  and  despotic."  It  became  generally  known 
as  a  "witch-hunting"  committee.  In  the  same  letter, 
Mr.  Untermeyer  declared  that  he  was  "further  in- 
formed that  at  one  time  your  star-chzimber  proceed- 
ings went  to  the  extent  not  only  of  excluding  the  pub- 
lic, but  that  you  have  at  times  heretofore  even  barred 
newspaper  men  from  your  sessions,  and  that  at  the 
end  of  each  day  of  the  so-called  'hearing,'  typewritten 
statements  of  your  version  of  supposed  'testimony'  and 
the  slurring  remarks  of  counsel  and  yourself  against 
people  who  are  absent  and  are  given  no  opportunity  to 
be  heard,  were  distributed  for  publication." 

The  press  demanded  from  Senator  Lusk  an  explana- 
tion of  the  questions  asked  by  the  Socialist  Assembly- 
men.   His  answer  follows : 

"No  one  outside  of  members,  counsel  and  agents  of 
the  committee  and  State  and  local  officials  has  had 
anything  to  do  with  the  so-called  raids  on  the  Soviet 
Bureau  or  any  other  organization.  No  papers  seized 
have  been  received  by  any  one  other  than  agents  of  the 
committee. 

"Any  papers  seized  at  the  Soviet  Bureau  were 
brought  in  evidence  before  the  committee  in  public 
hearings ;  photographs  of  some  of  these  have  been  pub- 
lished in  newspapers.  I  DO  NOT  KNOW  FOR 
WHAT  PURPOSE  THEY  HAVE  BEEN  USED 
OR  WHETHER  COPIES  HAVE  BEEN  SENT  TO 
ENGLAND. 

"R.  N.  Nathan  (said  to  be  British  Secret  Service 


THE  TIDE  OF  PROTEST  RISES     39 

Chief  in  the  United  States)  never  had  any  more  in- 
formation, to  my  knowledge,  than  did  the  newspaper 
reporters  and  the  public  generally.  There  were  no 
papers  of  commercial  importance  to  any  one.  The 
pretended  commercial  activity  of  the  Soviet  Bureau 
was  a  blind  for  distributing  letters  from  Lenine  to 
American  workingmen  and  the  distribution  of  other 
propaganda  directed  against  the  Government. 

"The  Sergeant-at-Arms  of  the  Committee  is  the  Ser- 
geant-at-Arms  of  the  Senate.  He  has  never,  to  my 
knowledge,  received  money  from  any  source  except 
the  State  of  New  York. 

"The  Lusk  Committee  is  not  responsible  for  the  ac- 
tion of  the  Assembly.  The  Speaker  of  the  Assembly 
is  a  member  of  the  committee  and  has  knowledge  of 
the  evidence  against  these  members. 

"The  issue  is  clean-cut.  If  these  men  believe  in,  and 
are  working  to  bring  about,  the  overthrow  of  the  Gov- 
ernment by  force  and  violence,  they  will  undoubtedly 
be  denied  their  seats.  If  not,  they  will  be  permitted 
to  serve. 

"These  charges  aginst  the  committee  are  made  by 
them  with  the  full  knowledge  of  their  falsity  and  solely 
for  distracting  the  attention  of  the  public  from  the 
•  issue,  which  is  simply  whether  they  personally  are  ad- 
vocating and  attempting  the  overthrow  of  our  Gov- 
ernment by  violence  and  revolution.  They  should  be 
held  to  this  issue  and  given  a  fair  trial." 

The  five  Socialists  promptly  replied  to  Senator 
Lusk's  statement,  characterizing  it  as  "evasive,  non- 
committal and  contradictory."  His  denial  that,  to  his 
kno>wledge,  foreign  agents  or  any  other  outside  rep- 
resentatives had  anything  to  do  with  the  raids  on  the 
Soviet  Bureau  or  any  other  organization  does  not  ex- 
plain why  on  June  12,  1919,  the  day  before  the  raid 


40  ALBANY 

on  the  Soviet  Bureau,  Bowling  Green  9696  was  called, 
which  'phone  number  is  that  of  Col.  Thwaites,  British 
Military  Attache.  After  calling  the  attention  to  the 
Senator's  evasive  reply,  the  suspended  men  referred 
to  their  resolution  as  follows : 

"We  meant  to  present  this  information  and  these 
questions  in  the  State  Legislature.  We  were  barred. 
But  the  fact  that  we  were  barred  will  not  deter  us 
from  telling  the  truth  to  the  people." 

As  one  day  succeeded  another,  the  tide  of  protest 
against  the  action  of  the  Assembly  instead  of  receding, 
grew  in  volume  as  the  meaning  of  the  suspension  be- 
came clear  to  the  people.  Public  men  and  organized 
bodies  of  various  beliefs  joined  in  the  outburst  of  pro- 
test. The  voice  of  the  press  waxed  louder  as  the  reah- 
zation  grew  stronger  that  to  permit  this  action  to  stand 
would  be  to  submit  to  an  attack  upon  fundamental 
American  liberties.  A  typical  editorial  protest  of  this 
nature  was  that  contained  in  the  New  York  Evening 
Journal,  which  commented  as  follows: 

"The  suspension  of  the  five  Socialist  members  of 
the  Legislature  is  the  most  serious  assault  upon  the 
liberties  of  the  American  people  that  has  been  made 
since  a  British  King  and  Parliament  forced  our  fathers 
to  protect  their  freedom  with  arms  in  their  hands. 

"Not  all  the  anarchists  in  the  country  multiplied  by 
ten  could  strike  such  a  deadly  blow  at  law  and  order. 

"Not  all  the  anarchists  from  Herr  Most's  day  down 
to  this  present  hour  ever  did  strike  such  a  deadly  blow 
at  our  system  of  free  representative  government. 

"We  do  not  belong  to  the  Socialist  Party.  We  are 
not  in  the  least  convinced  that  its  theory  of  govern- 
ment is  as  good  as  the  theory  of  government  expound- 


THE  TIDE  OF  PROTEST  RISES     41 

ed  in  the  Constitution  of  the  United  States.  But  just 
because  we  do  beHeve  in  the  theory  of  government  ex- 
pounded in  the  Constitution  of  the  United  States,  we 
emphatically  protest  against  the  suspension  and  the 
intended  expulsion  of  the  five  Socialist  representatives 
in  the  State  Legislature. 

"It  is  a  high-handed  act  of  tyranny,  a  criminal  as- 
sault upon  public  liberty,  a  treasonable  defiance  of  the 
Constitution  and  flat  rebellion  against  the  written  laws 
and  the  inherent  sovereignty  of  the  people. 

"This  treason  of  the  majority  in  the  Legislature 
must  be  fought  with  every  lawful  weapon  that  a  patri- 
otic press  and  patriotic  citizenry  can  find  to  use. 

"We  should  think  that  any  man  with  an  ounce  of 
common  sense  could  see  that  the  denial  of  representa- 
tion to  citizens  who  choose  representatives  inimical  to 
a  majority  in  Legislature — or  in  the  Federal  Congress 
— is  destructive  of  all  liberties,  destructive  of  all  guar- 
antees, destructive  of  ALL  FREE  GOVERNMENT, 
and  destructive  of  that  confidence  in  the  protection 
and  authority  of  the  Constitution  and  the  laws  upon 
which  free  government  alone  securely  rests. 

"The  men  who  have  committed  this  assault  upon 
the  rights  of  the  five  Socialist  members,  and  upon  the 
rights  of  the  people  who  elected  these  five  representa- 
tives, are  either  conscious  traitors  to  their  oaths  to 
obey  and  defend  the  Constitution  and  the  laws,  or  else 
they  are  fools  who  are  not  mentally  capable  of  under- 
standing their  own  imbecile  folly. 

"It  is  impossible  for  free  government  to  exist  with- 
out representative  freedom,  without  the  safety  and  in- 
violability of  each  and  every  representative's  right  to 
represent  the  group  of  citizens  which  elects  him. 

"That  is  fundamental.  There  is  no  argument  about 
it. 

"Whenever  the  right  of  representation  is  destroyed, 


42  ALBANY 

the  people  no  longer  rule  themselves.  They  are  rviled 
by  masters.    They  are  SUBJECTS,  not  citizens. 

"And  we  Americans  do  not  intend  to  be  subjects. 

"We  do  not  intend  to  call  any  man  or  any  men 
master. 

"Not  while  our  fathers*  blood  runs  in  our  veins. 

"We  Americans  must  make  a  stand,  once  and  for 
all,  against  the  daily  increasing  encroachments  upon 
our  rights,  and  our  liberties,  and  our  form  of  free  Gov- 
ernment. The  hour  is  come  when  these  official  tyrants 
of  our  own  creation  must  be  made  to  recognize  the 
limitations  of  their  authority;  must  be  made  to  real- 
ize that  this  is  the  Republic  of  the  United  States  and 
not  a  hunting  preserve  for  plunderbunds,  autocrats, 
bureaucrats  and  secret  police  spies. 

"As  a  result  of  the  war,  there  is  a  powerful  and  very 
dangerous  conspiracy  to  overthrow  democracy  every- 
where in  the  world. 

"The  agents  of  this  conspiracy  are  at  work  here  in 
America  precisely  as  they  are  at  work  in  Europe  and 
in  our  neighboring  countries  on  this  continent. 

"They  are  in  our  Congress,  in  our  Legislatures,  in 
our  newspaper  and  periodical  offices,  in  our  pulpits,  in 
our  schools.  And  everywhere  they  are  making  a  si- 
multaneous assault  upon  free  speech,  free  press,  free 
assembly,  free  representation. 

"Everywhere  they  advocate  repressive  legislation  to 
curb  the  right  of  opinion  and  discussion,  and  every- 
where they  incite  and  applaud  mob  violence  against 
men  and  journals  that  speak  out  for  the  rights  and  in- 
terests of  the  plain  people. 

H^  :(:  H<  H^  ^ 

"The  issue  at  stake  is  not  the  rights  of  these  five 
men. 

"The  issue  at  stake  is  the  right  of  free  representa- 


THE  TIDE  OP  PROTEST  RISES     43 

tion — the  right  of  all  of  us  to  choose  our  representa- 
tives. 

"To  deny  this  right  is  treason  against  the  Constitu- 
tion, treason  against  the  State  of  New  York,  treason 
against  the  Republic,  treason  against  the  fundamental, 
inherent  liberties  of  the  American  people. 

"The  man  who  submits  to  such  tyranny  and  such 
treason  without  protest  and  resistance  is  not  fit  to  call 
himself  an  American. 

"We  should  hold  ourselves  no  better  than  mean  and 
cowardly  traitors  to  every  obligation  of  an  American 
journal  if  we  did  not  denounce  and  resist  this  assault 
upon  the  common  rights  and  common  liberties  of  the 
land  and  its  people." 

Expressions  of  astonishment  and  indignation  ema- 
nated from  all  parts  of  the  world.  Public  men  in  Eng- 
land, France,  Italy,  and  even  as  far  off  as  the  Argen- 
tine Republic,  added  their  protest  to  the  storm  which 
was  rapidly  attaining  its  climax.  For  example,  a  dis- 
patch from  Rome,  Italy,  dated  January  9,  said  that  the 
"Italian  press  without  distinction  of  parties,  con- 
demned such  a  reactionary  measure  as  tending  to 
strangle  freedom  of  thought  in  a  country  which  has 
hitherto  boasted  of  its  free  institutions  of  liberty  and 
democracy." 

While  the  Socialists  were  organizing  their  legal  tal- 
ent for  purposes  of  defense,  the  most  powerful  organi- 
zation of  lawyers  in  the  country,  the  Bar  Association  | 
of  the  City  of  New  York,  took  up  the  cudgels  in  behalf  ' 
of  the  unseated  Socialists. 

On  the  evening  of  January  13  it  held  a  meeting  in 
which  one  of  the  longest  and  bitterest  debates  in  its 
history  took  place.  The  discussion  lasted  until  the 
early  morning.  A  resolution  denouncing  the  suspen- 
sion as  contrary  to  the  spirit  of  representative  govern- 


44  ALBANY 

ment  and  calling  for  a  committee  of  Bar  Association 
members  to  assist  in  the  defence  of  the  suspended  men 
was  introduced  by  Charles  Evans  Hughes  and  sec- 
onded by  George  Gordon  Battle,  a  lawyer  prominent  in 
Democratic  politics  in  New  York  City.  The  opposi- 
tion was  led  by  William  G.  Guthrie,  a  prominent  Re- 
publican, a  corporation  lawyer,  and  chairman  of  the 
Committee  on  Political  Reform  of  the  Union  League 
Club. 

The  resolution  was  finally  adopted  by  a  vote  of  174 
to  117.    It  read: 

"WHEREAS,  this  association  regards  with  a  deep 
sense  of  anxiety  the  action  of  the  Assembly  of  this 
State  in  suspending  from  its  membership  the  five 
members  of  the  Socialist  Party  who  were  duly  elected 
members  of  the  Assembly  at  the  last  election,  and 

"WHEREAS,  any  attempt  by  a  majority  to  exclude 
from  the  Legislature  those  who  have  been  duly  elected 
to  its  membership,  merely  because  of  their  affiliation 
with  a  political  party,  when  seeking  by  constitutional 
and  legal  methods  to  bring  about  any  change  in  our 
Constitution  and  laws,  is  un-American,  and,  if  suc- 
cessful, must  destroy  the  rights  of  minorities  and  the 
very  foundations  of  representative  government,  and 

"WHEREAS,  the  five  members  of  the  Socialist 
Party  now  suspended  from  membership  are  charged 
to  be  unfit  for  membership  in  the  Legislature  because 
of  their  membership  in  the  Socialist  Party,  and  NOT 
BECAUSE  OF  ANY  PERSONAL  UNFITNESS,  it 
is  hereby 

"RESOLVED,  that  this  association  is  unalterably 
opposed  to  any  action  of  the  Assembly  excluding  from 
its  membership  because  of  affiliation  with  any  political 
party,  when  seeking  by  constitutional  and  legal  meth- 
ods to  bring  about  any  change  in  our  Constitution  and 


THE  TIDE  OF  PROTEST  RISES     45 

laws,  any  person  duly  elected  to  its  membership;  and 
it  is  further 

"RESOLVED,  that  the  president  of  the  association 
appoint  a  special  committee  who  shall  appear  before 
the  Assembly  or  its  Judiciary  Committee  and  take 
such  action  as  may  in  their  judgment  be  necessary  to 
safeguard  and  protect  the  principles  of  representative 
government  which  are  involved  in  the  proceedings 
now  pending." 

John  G.  Milbum,  president  of  the  Bar  Association, 
then  appointed  the  following  special  committee  to  go 
to  Albany  and  take  a  hand  in  the  legal  fight:  Charles 
E.  Hughes,  Morgan  J.  O'Brien,  former  Judge  of  the 
Supreme  Court  of  the  State  of  New  York;  Joseph  M. 
Proskauer,  Louis  Marshall,  and  Ogden  L.  Mills. 

Speculation  immediately  became  rife  as  to  what  the 
status  of  the  Bar  Association's  committee  would  be 
when  it  presented  itself  at  Albany.  Speaker  Sv/eet 
and  his  associates  immediately  began  scheming  the 
adoption  of  rules  by  which  the  distinguished  jurists 
might  be  prevented  from  appearing  in  behalf  of  the 
Socialists.  When  approached  on  this  question  by  a 
newspaper  correspondent,  he  made  the  following  com- 
ment: 

"I  hope  you  will  quote  me  correctly,'*  he  said,  "in 
stating  that  this  v/ill  be  an  absolutely  fair  trial  and 
that  the  people  of  the  State  will  have  put  before  them 
all  the  evidence  and  will  not  have  to  depend  upon 
biased  accounts  by  certain  parts  of  the  press." 

He  announced  at  the  same  time  that  steps  would  be 
taken  to  send  out  "official  information"  which  would 
keep  the  people  of  the  State  informed  as  to  the  "true 


46  ALBANY 

nature  of  the  evidence"  and  to  prevent  the  public  from 
being  "misled  by  the  press." 

The  Speaker's  constant  reiteration  of  the  assertion 
that  the  unseated  Socialists  would  receive  a  "fair  trial" 
seemed  to  arouse  the  suspicion  of  the  press  and  fears 
that  the  contrary  would  be  the  fact,  judging  by  the 
proceedings  theretofore.  Several  newspapers  resented 
the  insinuation  of  Speaker  Sweet  that  they  had  sud- 
denly become  converted  to  Socialism  and  ridiculed  the 
charge  that  they  could  not  be  relied  upon  to  give  ac- 
curate accounts  of  the  trial. 

Meantime  representatives  of  various  liberal,  radical 
and  labor  bodies  had  assembled  for  the  purpose  of  or- 
ganizing on  the  basis  of  the  right  of  all  organizations 
to  be  represented  in  governmental  bodies,  no  matter 
how  radical  or  sweeping  the  changes  thej'  might  seek 
to  accomplish. 

At  a  conference  consisting  of  three  hundred  dele- 
gates, representing  organized  labor,  the  Socialist 
Party,  the  "Committee  of  Forty-Eight"  and  the  Labor 
Party,  it  was  decided  to  call  a  State-wide  conference. 
When  this  conference  was  later  held  at  Albany,  more 
than  four  hundred  delegates  were  present.  Represen- 
tatives of  organized  labor  pledged  themselves  to  bring 
about  the  defeat  of  all  persons  who  were  responsible 
for  the  unseating  of  the  five  Socialists. 

While  all  this  was  going  on,  there  were  evidences  of 
dismay  among  certain  elements  in  the  Assembly, 
chiefly  on  the  Democratic  side.  Numerous  Assembly- 
men, disconcerted  by  the  volume  of  protest,  began  to 
experience  an  uneasy  feeling  that  the  expulsion  pro- 
ceedings had  not  been  carefully  conducted. 

This  feeling  came  to  a  head  on  the  night  of  Jan- 
uary 12,  when  Charles  E.  Donohue,  the  Democratic 
floor  leader,  made  a  motion  to  rescind  the  vote  by 
which  the  charges  against  the  Socialists  had  been 


THE  TIDE  OF  PROTEST  RISES     47 

adopted.  Mr.  Donohue  first  presented  a  resolution  de- 
signed to  reseat  the  Socialists  and  to  allow  them  a 
voice  in  deliberations  pending  their  trial.  This  was 
promptly  ruled  out  of  order  by  Speaker  Sweet,  who 
then  remarked,  "I  would  be  glad  to  entertain  a  mo- 
tion to  rescind  the  action  of  last  week."  Never  did 
Speaker  Sweet  seem  more  sure  of  his  power.  He 
quickly  ordered  a  roll  call.  No  member  was  allowed 
to  comment  on  his  vote. 

When  the  tally  was  taken,  it  was  found  that  33 
members  had  voted  to  reinstate  the  Socialists,  whereas 
71  members  were  still  against  it.  This  compared  with 
an  original  vote  to  suspend  of  140  to  6.  At  that  time, 
only  two  non-Socialists  had  voted  "no,"  so  that  31 
members,  since  the  taking  of  the  original  vote,  seemed 
to  have  become  afflicted  with  a  case  of  "cold  feet." 
Afterwards,  it  was  found  that  41  members  of  the  lower 
House,  mostly  Republicans,  apparently  not  caring  to 
go  on  record,  had  remained  away  from  the  Chamber. 

Speaker  Sweet's  next  move  was  to  announce  the 
personnel  of  the  Judiciary  Committee  which  was  to 
try  the  suspended  Socialists.  They  were:  Louis  M. 
Martin  of  Oneida;  Rowe  of  Erie;  Lown  of  Yates; 
Jenks  of  Broome ;  Everett  of  St.  Lawrence ;  Pellett  of 
New  York;  Wilson  of  Westchester;  Bloch  of  New 
York;  Harrington  of  CHnton;  Blodgett  of  Schenec- 
tady; Stitt  of  Kings;  Cuvillier  of  New  York;  and 
Evans  of  The  Bronx. 

The  trial  was  set  for  January  20,  1920,  thirteen  days 
after  the  suspension.  The  Socialists  made  vigorous 
protest  against  the  delay,  five  Assembly  Districts  in 
the  City  of  New  York  meantime  having  been  left  un- 
represented. On  this  account  they  declared  they  had 
a  right  to  demand  immediate  trial.  They  further  con- 
tended that  the  Assembly  had  no  constitutional  right 
to  do  business,  because  it  could  not  properly  be  con- 


48  ALBANY 

stituted  since  it  had  performed  a  coup  d'etat  by 
arbitrarily  suspending  five  members  of  a  minority 
party. 

On  January  15  the  Sergeant-at-Arms  of  the  Assem- 
bly officially  served  each  of  the  five  suspended  mem- 
bers with  a  copy  of  the  charges  and  a  notice  of  trial. 
This  typewritten  notice,  signed  by  Louis  M.  Martin, 
Chairman  of  the  Judiciary  Committee,  read  as  fol- 
lows: 

"Sir:  Please  take  notice  that  in  pursuance  of  the 
resolutions  adopted  by  the  Assembly  of  the  State  of 
New  York  on  January  7,  1920,  a  certified  copy  of 
which  you  are  herewith  served,  the  Judiciary  Commit- 
tee of  the  Assembly  of  the  State  of  New  York,  will  be- 
gin investigation  of  your  qualifications  and  elegibility 
to  a  seat  in  the  Assembly  of  the  State  of  New  York, 
for  the  session  of  1920  in  the  Assembly  chamber,  Capi- 
tol Building,  Albany,  N.  Y.,  on  January  20,  1920,  at 
II  A.M. 

Upon  receipt  of  this  notice,  the  five  Socialists  issued 
a  statement  of  protest  as  follows: 

"Speaker  Sweet  has  changed  his  mind  again.  After 
our  forcible  ejection  from  the  chamber,  the  Speaker 
had  given  the  people  to  understand  that  specific 
charges  would  be  made  against  each  of  us  to  'deter- 
mine' our  qualifications  and  fitness  to  be  members  of 
the  Assembly.  This  morning  Sergeant-at-Arms 
Haines  served  us  with  a  copy  of  the  charges  contain- 
ing generalizations  and  inferences. 

"It  is  an  exact  copy  of  the  resolution  originally 
passed.  A  criminal  before  the  bar  is  at  least  per- 
mitted to  know  what  he  is  charged  with.  We  are  not 
afforded  even  this  right.  We  are  as  much  in  the  dark 
to-day  against  what  we  must  defend  ourselves  as  we 


THE  TIDE  OF  PROTEST  RISES     49 

were  when  the  precipitant  action  of  the  Speaker  was 
sprung  upon  us  Monday  a  week  ago. 

"We  demand  specific  charges,  stating  specific  of- 
fenses." 


About  this  time,  Morris  Hillquit,  who  had  been  ab- 
sent from  public  affairs  for  more  than  a  year  recover- 
ing from  a  serious  illness,  arrived  in  New  York  City 
to  take  charge  of  the  defense. 

The  thirteen  days  which  elapsed  between  the  act  of  1 
suspension  and  the  opening  of  the  trial  now  drew  to  a 
close.  They  had  been  thirteen  days  of  intense  excite- 
ment. In  these  thirteen  days.  Socialism  and  the  So- 
cialist Party  had  attracted  more  widespread  public  at- 
tention than  in  the  thirteen  years  preceding.  They 
were  thirteen  days  of  awakening.  In  these  thirteen 
days,  America  once  more  took  thought  as  to  its  liber- 
ties, which  have  been  forgotten  in  recent  years.  A 
great  struggle  was  about  to  take  place.  The  eyes  of 
the  entire  country,  of  the  world,  in  fact,  were  fixed 
upon  Albany.  The  Socialists  felt  pride  in  being  thrust 
into  a  position  in  which  they  appeared  as  defenders 
of  American  constitutional  government.  The  struggle 
of  classes  was  about  to  be  transformed  into  one  of  the 
greatest  political  trials  in  modern  history. 


CHAPTER  IV 
THE  OPENING  OF  THE  TRIAL 

The  trial  which  was  to  determine  whether  represen- 
tative Government  should  survive  in  the  United  States 
was  opened  in  the  Assembly  Chamber  at  Albany  on 
January  20,  1920. 

The  House  was  crowded  with  members,  senators, 
judges,  officials,  and  visitors  coming  from  all  parts  of 
the  State.  As  eleven  o'clock,  the  hour  set  for  the  open- 
ing of  the  trial,  drew  near,  a  sense  of  excitement  per- 
vaded the  whole  city. 

In  the  Chamber,  the  Judiciary  Committee,  com- 
posed of  thirteen  members,  of  which  Louis  N.  Martin 
was  chairman,  sat  in  the  first  semicircular  row  of 
chairs,  near  the  Speaker's  chair.  On  the  left,  sat  the 
accused  Socialists  with  their  counsel.  On  the  right 
sat  the  State's  Attorney  General,  Charles  D.  Newton, 
with  his  staff  of  legal  advisers. 

Special  arrangements  had  been  made  for  the  press. 
Representatives  from  the  daily  newspapers  of  New 
York  and  other  cities  and  states  sat  in  the  two  rows 
of  seats  immediately  back  of  the  Judiciary  Committee. 

Amid  intense  silence,  Chairman  Martin  made  his 
opening  statement  as  follows: 

"The  proceeding  which  is  brought  here  to-day  will 
not  be  conducted  along  the  lines  of  a  general  commit- 
tee hearing.  It  is  in  the  nature  of  an  investigation  as 
to  the  qualifications  of  certain  members  of  the  As- 
sembly of  the  State  of  New  York,  to  sit  as  members 
of  that  body,  and  under  the  rules,  or  one  of  the  rules 

50 


THE  OPENING  OF  THE  TRIAL        51 

adopted  by  the  Committee,  it  was  stated  that  the  rules 
and  procedure  of  the  Supreme  Court  of  the  State  of 
New  York  would  prevail. 

He  then  insisted  that  the  rules  would  be  strictly 
obeyed  and  that  no  applause  would  be  permitted. 

After  the  preliminaries  had  been  disposed  of,  ex- 
Governor  Hughes  arose  from  a  seat  in  the  middle  of 
the  chamber.  With  great  dignity,  and  speaking  very 
slowly  and  clearly,  he  said : 

"I  crave  the  courtesy  of  the  Judiciary  Committee  to 
submit  a  brief  statement  on  behalf  of  the  Association 
of  the  Bar  of  the  City  of  New  York,  which  is  repre- 
sented here  by  a  special  committee  composed  of  Judge 
O'Brien,  Senator  Mills,  Mr.  Marshall,  Mr.  Proskauer, 
and  myself.  In  asking  the  courtesy  of  the  Committee 
to  make  a  brief  statement,  I  desire  to  say  that  this 
special  committee  does  not  appear  on  behalf  of  the 
members  of  the  Assembly  under  suspension,  nor  on 
behalf  of  the  Socialist  Party,  but  solely  on  behalf  of 
the  Association  of  the  Bar;  and  in  the  public  interest 
we  desire,  if  we  may,  at  the  threshold  of  the  proceed- 
ings of  this  Judiciary  Committee  to  suggest  to  the 
Committee  the  gravity  of  the  matter  before  them  and 
the  importance  of  determining  at  the  outset  the  appli- 
cation of  certain  fundamental  principles  and  of  formu- 
lating their  course  of  inquiry  in  such  a  manner  as  to 
satisfy  those  principles  of  constitutional  law  and  pro- 
cedure. We  have  a  concrete  suggestion  to  make  to 
the  Committee,  and  it  is  our  sole  desire  that  this  very 
important  matter,  the  determination  of  which  is  so 
closely  related  to  the  security  of  the  Republic,  should 
be  dealt  with  in  a  manner  that  will  commend  the  ac- 
tion of  the  Committee  and  the  Assembly  to  the  judg- 
ment of  the  people  of  the  State  whose  interests  are 
here  involved." 

At  this  point,  the  Chair  interrupted  by  asking  that 


52  ALBANY 

Mr.  Hughes  suspend  his  statements  until  the  person- 
nel of  counsel  for  both  sides  had  been  duly  noted. 
Turning  to  the  attorney-general,  he  asked  that  the; 
latter  announce  the  names  of  counsel  for  the  prosecu- 
tion. Mr.  Newton  then  named  John  B.  Stanchfield,- 
Martin  W.  Littleton,  Henry  F.  Wolf,  Archibald  E. 
Stevenson,  Samuel  A.  Berger,  and  Elon  R.  Brown. 
Later  ex- Attorney-General  Carmody,  Arthur  E.  Suth- 
erland, former  Justice  of  the  State  Supreme  Court; 
and  Mr.  Martin  Conboy  were  added  to  the  array  of 
prosecuting  counsel. 

Turning  then  to  the  left,  the  chairman  asked  that 
the  accused  Assemblymen  name  their  counsel.  Mr. 
Hillquit,  replying  for  the  Socialists,  named  himself, 
Seymour  Stedman,  Gilbert  E.  Roe,  S.  John  Block,. 
Walter  Nelles,  and  William  Karlin. 

To  the  query  of  the  chairman  as  to  whether  there 
were  any  other  appearances,  ex- Justice  Hughes  arose 
and  said,  "I  desire,  if  this  is  the  proper  time,  to  note 
appearance  of  the  Committee  requested  to  appear  as 
provided  by  the  practice  of  the  Supreme  Court  of  the 
State  of  New  York,  which  I  understand  you  have  said 
the  Committee  is  to  follow." 

The  chairman  interrupted  to  ask,  "Do  I  understand. 
Governor  Hughes,  you  desire  to  appear  not  for  the  As- 
semblymen whose  conduct  is  in  process  of  investiga- 
tion?   You  do  not  appear  for  them?" 

Mr.  Hughes's  prompt  reply  was,  "Not  at  all." 

The  chairman  then  inquired:  "Do  you  desire  to  have 
your  appearances  noted  for  the  Bar  Association?" 

Mr.  Hughes  replied  that  he  did,  "for  the  purpose  of 
making  such  suggestions  and  representations  to  the 
Committee  as  in  our  judgment  may  be  deemed  impor- 
tant in  order  that  the  proceeding  may  be  heard  and  de- 
termined in  accordance  with  sound  constitutional  prac- 


THE  OPENING  OF  THE  TRIAL        53 

tice,  and  we  hope  that  what  we  may  do  may  be  an  aid« 
to  the  deliberations  of  the  Committee." 

But  the  Judiciary  Committee's  Chairman  apparently 
did  not  desire  any  light  to  be  thrown  on  these  ques- 
tions, either  by  ex-Governor  Hughes  or  by  his  fellow- 
members  of  the  Bar  Association.  Apparently  Mr. 
Martin  considered  that  the  public  had  no  right  to  have 
representatives  on  the  floor  of  the  Chamber  during  the 
trial,  for  he  said  to  Mr.  Hughes : 

"We  trust  you  will  appreciate  the  position  that  we 
are  in  when  we  state  that  we  cannot  consent  to  allow 
appearances  on  the  part  of  any  organization  in  the 
State,  outside  of  the  real  parties  who  are  the  subject 
of  this  inquiry." 

After  paying  flattering  compliments  to  Justice 
Hughes  and  his  fellow-lawyers,  Mr.  Martin  explained : 

"This  committee  is  not  concerned  with  the  tem- 
porary suspension  of  these  gentlemen.  At  the  time 
these  gentlemen  were  suspended  from  the  House,  this 
committee  was  not  in  existence.  We  were  created 
after  that  rule  or  resolution  was  adopted  and  this  mat- 
ter was  referred  to  us  and  we  have  accepted  it  with 
very  grave  reluctance.  The  duty  that  is  imposed  on 
us  and  our  committee  is  this:  To  determine  from  the 
evidence  as  to  the  qualification  and  elegibility  of  these 
gentlemen  and  report  to  the  House. 

"Now,  we  haven't  any  concern.  We  haven't  any 
power  to  pass  on  the  question  or  take  up  the  question 
as  to  whether  it  was  proper  to  suspend  these  gentle- 
men or  not.  That  is  the  action  of  the  Assembly  itself. 
It  seems  to  me  that  if  a  memorial  is  to  be  addressed  by 
your  committee  to  the  Assembly  of  the  State  of  New 
York,  it  should  be  addressed  by  your  committee  to  the 
Speaker  of  the  Assembly  or  through  some  member  of 
the  Assembly  to  the  Assembly  itself  at  its  session,  and 
that  it  is  not  a  proper  matter  to  be  brought  before  this 


54  ALBANY 

committee  under  the  very  limited  scope  that  we  have, 
and  under  the  very  Hmited  power  that  is  given  us." 

However,  Mr.  Hughes  held  his  ground.  Interrupt- 
ing Mr.  Martin,  he  said : 

"I  appreciate  duly  the  fact  that  the  Committee  is 
the  judge  of  its  own  procedure,  and  I  would  pray  the 
leave  of  the  Committee  to  submit  a  statement  for  the 
consideration  of  the  Committee  which  the  special 
committee  that  I  have  the  honor  to  represent  has  pre- 
pared— and  that  statement  concludes  with  a  sugges- 
tion to  the  Committee  in  a  very  few  words  that  is 
pertinent  to  the  authority  that  that  Committee  pos- 
sesses, as  we  believe,  in  accordance  with  precedent. 
I  understand  that  all  committees  having  to  deal  with 
matters  of  this  sort  in  Congress  or  with  the  Legisla- 
ture of  this  State,  have  generally  considered  proper 
procedure  and  have  made  report  generally  upon  the 
principles  and  practice  involved;  and  I  suggest  that 
this  statement  which  we  submit  but  which,  in  view 
of  your  disposition  of  the  matter,  I  will  not  undertake 
to  read  or  state  orally,  but  I  ask  to  state  the  conclu- 
sion of  the  statement,  the  suggestion  of  this  special 
committee,  to  the  effect  that  the  Judiciary  Committee 
at  once  report  to  the  Assembly  that  there  is  no  ques- 
tion properly  before  the  Judiciary  Committee  of  any 
disqualification  on  the  part  of  these  members ;  that  no 
charges  against  these  members  of  any  constitutional 
disqualification  or  of  any  misconduct  in  office  or  of 
any  violation  of  law  on  their  part  have  been  properly 
laid;  that  the  members  under  suspension  should  at 
once  be  restored  to  the  privileges  of  their  seats,  and 
that  if  it  is  desirous  to  present  any  charges  against 
them  of  any  violation  of  law,  such  charges  should  be 
properly  formulated,  and  that  until  such  charges,  prop- 
erly laid,  have  been  established  by  proof  after  due  op- 
portunity to  be  heard,  these  members  shall  enjoy  all 


THE  OPENING  OF  THE  TRIAL        55 

the  privileges  of  their  seats  in  recognition  of  their  own 
rights  and  of  the  rights  of  their  constituencies. 

"In  support  of  that,  we  submit  this  statement  and 
the  accompanying  brief  for  consideration  of  the  Com- 
mittee." 

This  brief,  v/hich  the  page  boys  began  to  distribute, 
was  as  follows : 

"STATEMENT  BY  THE  SPECIAL  COMMITTEE 
APPOINTED  BY  THE  ASSOCIATION  OF 
THE  BAR  OF  THE  CITY  OF  NEW  YORK: 

"We  appear  as  a  Special  Committee  appointed  pur- 
suant to  resolution  adopted  by  the  Association  of  the 
Bar  of  the  City  of  New  York  at  its  annual  meeting 
held  on  January  13,  1920. 

"We  do  not  represent  the  members  under  suspen- 
sion, or  the  Socialist  Party,  and  v/e  have  no  sympathy 
with  the  aims  of  that  party.  We  appear  solely  as  the 
representatives  of  the  Association  of  the  Bar,  and  in 
the  public  interest,  to  place  before  your  Committee 
considerations  which  we  deem  to  be  of  fundamental 
importance  in  this  proceeding. 

"In  view  of  the  gravity  of  the  questions  involved, 
and  the  serious  consequences  which  may  follow  any 
deflection  from  sound  constitutional  practice,  we  re- 
spectfully suggest  that  the  committee  at  once  con- 
sider the  present  status  of  this  proceeding  and  the  im- 
mediate measures  which  are  required  in  the  light  of 
the  constitutional  rights  of  these  suspended  members 
and  of  the  constituencies  which  they  have  been  elected 
to  represent. 

"We  believe  that  the  following  facts  are  undisputed : 

"i.  That  the  members  under  suspension  were  duly 
elected  to  the  Assembly. 

"2.     That  when  these  members  appeared  with  their 


56  ALBANY 

credentials,  they  were  admitted  to  take  the  oath  of  of- 
fice and  that  they  severally  took  such  oath  and  were 
admitted  to  the  privileges  of  the  House. 

"3.  That  having  taken  the  oath  and  having  been 
admitted  to  all  the  privileges  of  members  of  the  As- 
sembly, they  participated  in  the  election  of  the  Speaker 
and  otherwise  acted  as  members  until  their  suspen- 
sion. 

"4.  That,  after  having  taken  the  oath  and  having 
been  admitted  as  members  of  the  Assembly,  they  were 
suspended  and  denied  the  privileges  of  their  seats 
without  a  hearing  or  opportunity  to  be  heard. 

"5.  That,  prior  to  said  suspension,  there  was  no 
charge  against  these  members,  and  there  is  no  charge 
pending  against  them  that  they  were  not  duly  elected, 
or  that  they  do  not  possess  the  qualifications  pre- 
scribed by  the  Constitution,  or  that  they  are  not  of 
sound  mind,  or  that  they  have  not  taken  the  constitu- 
tional oath  of  office,  or  that  they  have  been  convicted 
of  any  crime,  or  that  they  have  committed  any  overt 
act  constituting  a  criminal  offense,  or  that  they  have 
been  guilty  of  any  violation  of  lav/,  or  that  they  have 
been  guilty  of  any  misconduct  while  members  of  this 
Assembly. 

"6.  That  by  reason  of  their  suspension,  these  mem- 
bers have  been  denied  all  the  privileges  of  their  seats. 

"7.  That  by  reason  of  the  suspension  of  these  mem- 
bers, there  are  five  districts  of  the  State  now  in  effect 
without  representation  in  the  Assembly,  that  there  are 
no  vacancies  that  can  be  filled  by  election  or  other- 
wise, and  that  this  denial  of  representation  will  con- 
tinue as  long  as  this  inquiry  lasts,  which  may  be  until 
the  end  of  the  legislative  session. 

"We  submit  the  following  propositions  as  abund- 
antly supported  by  reason  and  precedent: 

"First,  that  the  power  of  the  Assembly  under  the 


THE  OPENING  OF  THE  TRIAL        57 

Constitution  to  be  the  judges  of  the  qualifications  of 
its  own  members  is  not  an  arbitrary  power,  but  is  to 
be  exercised  as  a  prerogative  in  accord  with  the  funda- 
mental conceptions  of  due  process  and  the  essential 
principles  of  representative  government. 

"Second,  that  all  questions  as  to  the  existence  of 
disqualification  in  the  case  of  a  member-elect  are  prop- 
erly presented  before  he  is  admitted  to  membership  in 
the  Assembly. 

"Third,  that  after  the  oath  has  been  administered  to 
the  member,  and  he  has  been  admitted  to  the  privi- 
lege", of  the  House,  he  cannot  be  deprived  of  those 
pri'  ileges  except  by  expulsion. 

"Fourth,  that  a  member  cannot  be  expelled  except 
upon  proper  charges  and  after  due  opportunity  to  be 
heard. 

"Fifth,  that  after  he  has  taken  the  oath  of  office,  and 
has  been  admitted  to  the  privileges  of  membership  in 
the  House,  a  member  cannot  be  suspended  or  denied 
these  privileges  pending  inquiry,  but  only  upon  being 
expelled  in  case  proper  charges  have  been  sustained 
after  hearing. 

"Sixth,  that  when  a  member-elect  presents  himself 
to  take  the  oath  of  office,  he  cannot  be  denied  the  privi- 
lege of  taking  it,  or  after  the  oath  has  been  taken,  it 
cannot  be  denied  adequacy  merely  because  of  any  al- 
leged opinion,  state  of  mind,  or  intent,  claimed  to  be 
inconsistent  v/ith  the  oath. 

"Seventh,  that  mindful  of  the  lessons  of  history  and , 
as  a  safeguard  of  political  liberty  and  representative 
institutions,  it  was  expressly  ordained  by  the  people 
in  the  Constitution  of  the  State  that  no  other  oath,  dec- 
laration or  test  save  that  set  forth  in  the  Constitution, 
should  be  required  as  a  qualification  for  office  of  pub- 
lic trust,  and  that  the  Assembly  has  no  authority  to 
establish  any  test  of  loyalty  or  political  principle  as  a 


58  ALBANY 

qualification  of  membership  in  addition  to  the  pre- 
scribed official  oath. 

"Eighth,  that  it  is  of  the  essence  of  representative 
government  that  no  member  shall  be  expelled  from  the 
Legislature  or  deprived  of  the  privileges  of  his  seat 
merely  because  of  political  opinions,  or  affiliation  with 
a  political  party,  in  the  absence  of  any  proved  viola- 
tion of  law  on  his  part  or  of  misconduct  as  a  member 
of  the  Legislature. 

"Ninth,  that  it  is  essential  to  the  security  of  the  com- 
munity and  to  the  maintenance  of  law  and  order  that 
the  peaceful  means  of  political  expression  through  the 
ballot  box  and  representatives  in  legislative  assemblies 
should  not  be  denied  or  constituencies  disfranchised 
because  of  political  opinion. 

"Tenth,  that  it  is  of  the  essence  of  the  institutions 
of  liberty  that  it  be  recognized  that  guilt  is  personal 
and  cannot  be  attributed  to  the  holding  of  opinion  or 
to  mere  intent  in  the  absence  of  overt  acts ;  that  a  mem- 
ber elected  to  the  Assembly  is  entitled  to  the  benefit 
of  the  presumption  of  innocence;  and  that  a  member 
of  the  Assembly  duly  elected,  being  of  sound  mind  and 
possessing  the  qualifications  prescribed  by  the  Con- 
stitution, cannot  properly  be  expelled  or  denied  the 
privileges  of  his  seat  except  upon  charges  duly  laid 
and  upon  proof  duly  taken  of  personal  misconduct  as 
a  member  of  the  Assembly  or  of  the  commission  by 
him  of  some  act  constituting  a  violation  of  law. 

"Eleventh,  we  deem  it  important  that  this  vital  is- 
sue, the  proper  decision  of  which  is  essential  to  the 
security  of  the  Republic,  should  not  be  obscured  by 
the  reception  of  testimony,  statements  or  declarations 
as  to  matters  here  or  abroad,  in  the  attempt  to  indict  a 
political  party  or  organization,  without  first  laying 
proper  charges  with  proper  specifications  directly  con- 


THE  OPENING  OF  THE  TRIAL        59 

necting  members  accused  of  personal  and  guilty  par- 
ticipation in  illegal  acts. 

"We  therefore  respectfully  urge: 
"That  this  committee  at  once  report  to  the  Assem- 
bly that  there  is  no  question  properly  before  the  com- 
mittee of  any  disqualification  on  the  part  of  these  mem- 
bers; that  no  charges  against  these  members  of  any 
constitutional  disqualification  or  of  any  misconduct  in 
office  or  of  any  violation  of  law  on  their  part  have 
been  properly  laid. 

"We  also  urge  that  this  committee  report : 
"That  the  members  under  suspension  should  at 
once  be  restored  to  the  privileges  of  their  seats  and 
that  if  it  is  desired  to  present  any  charges  against  them 
of  any  violation  of  law,  such  charges  should  be  prop- 
erly formulated  and  that  until  such  charges,  properly 
laid,  have  been  established  by  proof  after  due  oppor- 
tunity to  be  heard,  these  members  shall  enjoy  all  the 
privileges  of  their  seats  in  recognition  of  their  own 
rights  and  of  the  rights  of  their  constituencies. 

"In  support  of  these  propositions  and  suggestions 
we  submit  a  brief  herewith. 

"CHARLES  E.  HUGHES, 
"MORGAN  J.  O'BRIEN, 
"LOUIS  MARSHALL, 
"JOSEPH  M.  PROSKAUER, 
"OGDEN  L.  MILLS, 
"Special  Committee  of  the  Association  of  the  Bar 
of  the  City  of  New  York. 
"New  York,  January  20,  1920." 

At  the  conclusion  of  Mr.  Hughes'  remarks,  Chair- 
man Martin  replied  angrily,  "The  distribution  of  those 
briefs  creates  confusion  here,  and  I  desire  to  have  it 
suspended." 

This  was  enough  for  ex- Justice  Hughes  and  his  as- 


6o  ALBANY 

sociates.  They  turned  on  their  heels  and  left  the 
Chamber  without  further  remark. 

Chairman  Martin  then  presented  what  he  called  "a 
statement,"  which  he  put  forth  "as  an  expression,  per- 
haps, of  our  understanding  of  the  matters  that  are 
brought  up  for  the  consideration  of  the  Commit- 
tee."   This  statement  was  as  follows : 

"Information  came  to  the  Assembly  through  various 
channels  that  the  men  mentioned  in  this  proceeding 
were  members  of  a  party  or  society  whose  platform- 
of  principles  and  whose  doctrines  as  advocated  to-day, 
called  for  and  demanded  the  complete  destruction  of 
our  form  of  Government  by  the  fomentation  of  in- 
dustrial unrest  the  bringing  into  play  of  force  and 
violence  and  direct  action  by  the  mass.  That  the 
men  here  mentioned,  affiliated  with  that  party  or  so- 
ciety, have  subscribed  to  and  advocated  such  princi- 
ples and  are  in  favor  of  the  absolute  substitution  of 
minority  for  majority  rule.  That  they  are  in  hearty 
accord  and  sympathy  with  the  Soviet  Government  as 
it  exists  in  Russia  to-day,  and  they  have  declared 
their  solidarity  therewith. 

"It  is  claimed,  among  other  things,  that  in  191 7, 
when  our  country  was  at  war  with  Germany  and  sum- 
moned the  strength  of  the  people  to  the  great  strug- 
gle, the  party  or  society  to  which  these  men  belong 
and  to  whose  program  they  have  subscribed,  in  open 
convention  and  with  calculated  deliberation  denounced 
the  war  as  criminal,  its  purpose  capitalistic,  its  mo- 
tive profiteering,  and  pledged  every  man  in  that  party 
to  oppose  the  war  and  all  the  means  adopted  by  the 
Government  for  carrying  on  the  war  in  every  way. 
That  the  men  herein  named  by  voice  and  vote  in  public 
and  in  private  opposed  every  measure  intended  to  aid 
the  prosecution  of  the  war  to  a  successful  conclusion 
and  gave  aid  and  comfort  to  the  enemy. 


THE  OPENING  OF  THE  TRIAL        6i 

"It  is  claimed  also,  that  in  August,  1919,  after  the 
schemes  and  program  of  the  Russian  Soviet  Govern- 
ment were  fully  known  and  their  practices  and  princi- 
ples fully  revealed,  the  Socialist  Party  of  America,  of 
which  these  men  are  members,  in  deliberative  conven- 
tion declared  their  allegiance  to  and  solidarity  with 
such  Russian  Soviet  Government.  That  they  secured 
their  nomination  and  procured  their  election  under  the 
pretense  to  the  people  that  they  were  merely  avail- 
ing themselves  of  a  legally  established  means  for 
political  representation,  whereas  in  truth  and  in  fact, 
it  is  claimed  that  this  was  done  to  disguise  and  cover 
up  their  true  intent  and  purpose  to  overthrow  this 
government,  peacefully,  if  possible,  forcibly  if  neces- 
sary. 

"It  was  claimed  these  men  have  taken  an  oath  to 
support  the  Constitution  of  the  United  States  and  the 
Constitution  of  the  State  of  New  York  and  that  they 
have  made  no  promise  in  conflict  with  the  require- 
ments of  such  oaths.  The  claim  is  made  that  these 
men  are  with  others  engaged  in  a  large  and  well-or- 
ganized conspiracy  to  subvert  the  due  administration 
of  law  and  to  destroy  the  right  to  hold  and  own  prop- 
erty honestly  acquired,  to  weaken  the  family  tie  which 
they  assert  is  the  seed  of  capitalism,  to  destroy  the  in- 
fluence of  the  church  and  overturn  the  whole  fabric 
of  a  constitutional  form  of  government;  and  our  in- 
quiry will  be  conducted  with  a  view  to  ascertain  and 
determine  whether  there  is  truth  in  such  information. 

"We  intend  the  men  under  investigation  shall  have 
fair  play.  The  case  is  not  prejudged.  The  Committee 
sit  with  an  open  mind.  The  men  shall  be  accorded 
the  right  to  select  their  own  counsel  and  assistance 
will  be  given  them  in  the  procurement  of  evidence. 

"After  the  close  of  the  investigation  and  after  the 
submission  of  the  matter  by  counsel  for  the  interested 


62  ALBANY 

parties,  the  Committee  will  with  all  convenient  speed 
report  to  the  Assembly  its  determination." 

The  original  resolution  with  the  charges  contained 
were  thus  emphasized  and  enlarged  upon  by  the  Chair- 
man. The  source  of  the  authority  of  the  Chairman's 
new  charges  was  not  stated. 

When  the  Committee  from  the  Bar  Association  had 
gone,  and  counsel  on  both  sides  had  taken  their  places, 
counsel  for  the  Socialists  opened  fire. 


CHAPTER  V 
SOCIALISTS  CHALLENGE  JUDGES 

Mr.  Hillquit,  chief  counsel  for  the  Socialists, 
opened  by  attacking  the  right  of  the  Judiciarjr  Com- 
mittee to  sit  in  judgment  upon  their  political  op- 
ponents. He  charged  the  members  of  the  Commit- 
tee with  personal  bias,  and  of  preconceived  opinions 
on  the  question.     He  said: 

"I  challenge  the  right  of  this  Committee,  the  Ju- 
diciary Committee  of  the  Assembly,  to  conduct  this 
proceeding,  and  I  move  you  that  the  Committee  report 
back  to  the  Assembly  a  recommendation  that  the  case 
be  tried  by  a  special  committee  elected  by  the  Assem- 
bly and  not  appointed  by  the  Speaker,  to  be  composed 
of  such  members  of  the  Assembly  who  have  either 
voted  against  the  resolution,  which  is  your  authority, 
or  who  have  subsequently  voted  for  its  reconsidera- 
tion." 

Mr.  Hillquit  then  pointed  out  that  however  the 
Chairman  and  his  associates  might  designate  the  pro- 
ceedings, whether  they  called  it  a  trial  or  an  investi- 
gation, it  was  in  reality  a  trial.    Said  he: 

"You  are  the  judges  as  v/ell  as  the  jury  in  our  case. 
It  is  true  your  determination  will  not  be  final,  but  it 
is  also  true  that  you  gentlemen  will  pass  upon  the  ad- 
missibility or  the  inadmissibility  of  evidence ;  you  will 
make  the  findings  of  fact ;  you  will  report  your  con- 
clusions and  recommendations  to  the  Assembly;  you 
are  in  the  position  of  a  referee.  You  are  a  trial  body, 
and  one  of  the  first  requirements  of  any  kind  of  a  trial 

63 


64  ALBANY 

body,  whether  it  be  court  without  a  jury;  whether  it 
be  jury;  whether  it  be  a  Grand  Jury;  or  whether  it 
be  a  court-martial,  is  that  the  judges  must  be  clear 
from  any  bias — must  not  have  formed  an  opinion  of 
the  guilt  of  the  defendants.  Otherwise,  it  isn't  a  trial. 
Otherwise  it  is  merely  a  farce  in  which  we  go  through 
the  motions  of  a  trial  without  reaching  its  substance.  " 

Mr.  Hillquit  declared  that  the  Socialists'  objection 
was  a  two-fold  one. 

"We  hold,"  he  said,  "in  the  first  place,  that  you  were 
appointed  and  selected  by  our  accuser :  we  hold  in  the 
second  place  that  you  have  publicly,  solemnly  ex- 
pressed your  conviction  of  the  guilt  of  the  men  who 
are  before  you  now." 

He  recalled  the  opening  lecture  of  Speaker  Sweet 
to  the  accused  Socialists  in  which  Mr.  Sweet  used  the 
following  words: 

"You  have  been  elected  on  a  platform  that  is  abso- 
lutely inimical  to  the  best  interests  of  the  State  of 
New  York  and  of  the  United  States." 

This  Mr.  Hillquit  declared  to  be  a  "specific,  con- 
crete, definite,  affirmative  declaration  of  the  guilt  of 
these  five  men  before  they  had  ever  been  charged  with 
any  guilt." 

Mr.  Hillquit  continued,  "Thus  the  Speaker  of  the 
Assembly  appears  as  the  first  accuser  of  these  five 
men.  Mind  you,  he  does  not  say  as  this  statement 
now  read  by  the  Chairman  says,  Tt  is  claimed' — 'infor- 
mation has  come  to  us' ;  he  makes  the  very  definite  posi- 
tive statement  that  these  men  are  guilty  of  the  charges. 
Thereupon  having  made  that  concrete  and  definite 
statement  IPSO  FACTO,  and  not  in  the  shape  of  this 
posthumous  resolution  reciting  all  these  facts,  the  very 
same  Speaker  having  had  the  question  referred  to  your 
Committee,  the  Judiciary  Committee,  which  was  then 
appointed,  proceeds  to  the  appointment  of  the  person- 


SOCIALISTS  CHALLENGE  JUDGES     65 

nel  of  your  Committee.  Thus  the  accuser  selects  his 
own  judges.  Imagine  an  analogous  case,  a  criminal 
case,  for  instance,  in  which  a  prosecuting  attorney 
would  appoint  his  judge.  Imagine  a  civil  case  in 
which  the  plaintiff  would  choose  and  appoint  his  judge 
to  sit  on  his  case.  Has  there  been  any  such  proceed- 
ing attempted  anywhere,  in  any  tribunal,  no  matter  of 
what  character  in  this  country?  Never,  I  make  bold 
to  state," 

The  lawj'^er  for  the  Socialists  went  on  to  point  out 
how  the  resolution  had  recited  a  "very  definite  and 
concrete  conviction  of  their  guilt."    Said  he: 

"In  other  words,  the  proceeding  starts  out  with  the 
imposition  of  the  sentence  and  with  the  ordinary 
speech  of  the  judge  from  the  bench  following  a  con- 
viction. It  is  then  followed,  not  by  charges,  but  by 
a  recital  of  findings  against  these  men,  and  after  all  has 
been  said  and  done,  after  they  have  been  told  definitely 
that  they  are  criminals,  they  are  told,  'Now  get  out  of 
this  company  of  decent  men  and  come  back  later,  and 
we  will  try  you  and  find  out  whether  or  not  you  are 
actually  guilty.*  I  submit  that  all  of  you  who  have 
voted  on  this  proposition  and  have  solemnly  declared 
your  belief  in  the  guilt  of  those  men,  and  have  not  re- 
tracted it  on  voting  for  consideration,  stand  here  not 
as  judges  but  as  accusers." 

After  pointing  out  the  extraordinary  character  of  the 
case,  Mr.  Hillquit  concluded  by  saying: 

"Let  us  all  feel,  let  the  people  of  the  State  feel,  that 
these  men  are  not  having  a  mock  trial,  that  they  are 
having  a  real  trial,  that  they  are  being  tried  before 
judges  not  informally  pledged  to  do  justice  to  them, 
but  who  in  their  hearts  and  consciences  can  render  jus- 
tice to  them.    I  request  your  immediate  adjournment." 

Mr.  Stanchfield,  chief  counsel  for  the  prosecution, 
did  not  attempt  to  meet  Mr.  Hillquit's  challenge.    In 


66  ALBANY 

an  evasive  argument,  he  exclaimed,  "I  say  that  counsel 
for  the  Judiciary  Committee  intend  to  establish  upon 
this  hearing  that  the  five  men  who  are  involved  in 
this  investigation  have  planted  themselves  upon  the 
platform  indicated  in  the  document  that  the  Chairman 
has  read;  that  they  have  subscribed  to  the  principles 
and  they  have  advocated  the  doctrine  and  they  uphold 
the  plan  indicated  in  the  paper  to  which  your  atten- 
tion has  been  called  by  the  Chairman  of  this  Com- 
mittee." 

In  answer  to  the  charge  that  the  Committee  had  no 
right  to  try  the  case,  he  declared:  "If  there  be  a  com- 
mittee in  the  Assembly  of  New  York  who  are  edu- 
cated, trained,  born  and  bred  to  the  spirit  of  asking  and 
giving  fair  play,  it  is  a  committee  of  the  bar."  This 
was  meant  as  a  bit  of  flattery,  the  Judiciary  Committee 
being  composed  solidly  of  lawyers. 

Stripping  from  the  prosecution  the  veneer  of  cour- 
tesy which  it  had  first  tried  to  wear,  Mr.  Stanchfield 
then  openly  declared  concerning  the  unseated  Social- 
ists: 

"These  gentlemen  are  entitled  to  no  representation, 
and  this  Committee  itself  could  go  ahead  in  secret 
and  take  testimony  and  report  to  the  House  and  upon 
that  report,  expulsion  could  be  had  and  no  one  could 
complain." 

No  v/onder  Mr.  Hillquit,  speaking  for  the  defense, 
was  compelled  to  assert  that  his  "very  distinguished 
friend  on  the  other  side  had  evidently  not  grasped 
the  point." 

"The  point  that  I  made,"  said  Mr.  Hillquit,  "was  not 
that  charges  had  been  preferred  by  the  Speaker  of  the 
Assembly,  or  by  anybody  else,  but  the  fact  that  both 
the  Speaker  and  the  members  of  this  Committee  have 
expressed  a  definite  opinion  of  the  guilt  of  the  men 
now  before  them." 


SOCIALISTS  CHALLENGE  lUDGES    67 

After  lengthy  debate  on  both  sides,  the  Chairman 
without  hesitation  ruled  that  "the  Chair  feels  con- 
strained to  deny  the  motion." 

Mr.  Hillquit  then  sought  to  have  removed  those 
members  of  the  Judiciary  Committee  who  had  been 
members  of,  or  had  taken  part  in  the  activities  of, 
the  Lusk  Committee,  which  committee  had  assisted 
the  prosecution  by  supplying  "evidence"  it  had  gath- 
ered in  a  supposed  investigation  of  "radical"  organi- 
zations. Mr.  Hillquit  particularly  challenged  Assem- 
blyman Louis  Cuvillier,  who  had  expressed  himself 
on  the  floor  of  the  house  on  the  night  before,  to  the 
effect  that  "if  the  five  accused  Assemblymen  are  found 
guilty,  they  ought  not  to  be  expelled,  but  taken  out 
and  shot." 

Mr.  Hillquit  said,  "A  person  who  holds  such  an  opin- 
ion is  qualified  as  an  executioner  and  not  as  a  judge." 

This  remark  caused  considerable  amusement  among 
the  numerous  spectators. 

At  the  end  of  the  argument,  the  Chairman  repeated 
his  monotonous  slogan :  "The  motion  is  overruled." 

Mr.  Hillquit  then  made  the  important  motion  of  the 
day  questioning  the  authority  of  the  Committee  to  pro- 
ceed.    Said  he: 

"I  move  that  the  proceedings  before  this  Committee 
be  dismissed  and  that  the  Committee  report  to  the 
Assembly  recommending  the  immediate  dismissal  of 
the  proceedings  now  pending  before  it  in  connection 
with  the  five  Assemblymen  under  charges,  on  the 
ground  that  the  proceedings  are  without  warrant  in 
the  Constitution  or  in  the  statutes  of  the  State  of  New 
York,  and  are  absolutely  illegal  and  void  from  every 
point  of  view.  I  maintain,  in  other  words,  that  if  every 
word  of  the  resolution  was  proved  to  be  true,  if  every 
charge  read  this  morning  by  the  Chairman  of  the  Com- 
mittee was  proved  beyond  a  shadow  of  a  doubt  to  be 


68  ALBANY 

true,  that  even  then  this  Committee  and  the  Assembly 
are  absokitely  without  power  to  suspend  or  expel  the 
five  members  under  charges;  that  so  long  as  there  is 
no  question  about  their  election ;  that  so  long  as  there 
is  no  question  about  the  fact  that  they  are  citizens  and 
residents  of  this  State  and  have  taken  the  oath  of  office, 
that  ends  the  power  and  jurisdiction  of  the  Assembly 
with  reference  to  them." 

Ridiculing  the  assertion  of  the  prosecution  that  the 
Assembly  was  the  sole  judge  as  to  the  qualification  of 
its  members,  and  could  proceed  arbitrarily,  he  said 
that  "this  impression  is  without  foundation  in  law  and 
is  absolutely  erroneous."  , 

He  continued :  "I  shall  try  to  demonstrate  by  the  ex- 
pressed provisions  of  the  law,  by  all  the  precedents 
in  this  State,  and  similar  precedents  in  other  states, 
as  well  as  the  Congress  of  the  United  States ;  also  on 
the  basis  of  the  general  spirit  of  the  Constitution  of 
our  State  and  of  the  institutions  of  our  government, 
that  this  contention  is  absolutely  fallacious." 

He  pointed  out  that  the  power  of  the  Assembly  to 
judge  of  the  qualifications  of  its  members  was  intended 
to  be  a  power  to  judge  constitutional  qualifications 
and  not  qualifications  set  up  by  the  Assembly  itself. 
He  quoted  Article  XIII  of  the  Constitution  of  the 
State  of  New  York,  Section  I,  which  after  prescribing 
the  Constitutional  oath  ends  by  saying: 

"And  no  other  oath,  declaration  or  test  shall  be  re- 
quired as  a  qualification  for  any  office  or  public  trust." 

Said  Mr.  Hillquit,  "What  did  the  framers  of  the 
Constitution  intend  to  convey  by  this  direct,  explicit 
injunction?  Only  one  thing.  To  prohibit  absolutely 
and  definitely  a  proceeding  of  the  kind  in  which  you 
are  engaged  now,— that  is,  ADDING  A  TEST 
OTHER  THAN  THE  CONSTITUTIONAL  OATH 


SOCIALISTS  CHALLENGE  lUDGES    69 

as  a  qualification  for  holding  the  office  of  member  of 
Assembly." 

He  then  attacked  the  effort  of  the  Assembly  to  set 
up  new  qualifications — qualifications  of  "loyalty"  as 
understood  by  Democrats  and  Republicans.  He  de- 
clared : 

"Such  a  test  is  absolutely  and  in  express  terms  pro- 
hibited by  the  Constitution. 

"We  could  generally  rest  on  this  argument,  for  it 
seems  the  proposition  is  absolutely  unanswerable.  If 
the  framers  of  the  Constitution  thought  it  necessary 
to  make  express  provisions  to  this  effect — an  express 
prohibition  of  imposing  a  new  test — then  you  have  no 
right,  you  have  no  authority  to  impose  a  new  test. 
But  I  will  say  to  you  that  we  do  not  have  to  rest  upon 
the  express  language  of  the  Constitution  alone,  all- 
sufficient  as  it  seems  to  be ;  we  make  the  contention 
here  that  all  precedents  of  this  House  or  of  this  Senate 
of  the  State  of  New  York  and  of  all  other  legislative 
bodies  in  the  United  States,  including  both  Houses  of 
Congress,  have  always  uniformly  and  without  devia- 
tion so  held.  In  other  words,  the  proceeding  which 
you  have  initiated  is  absolutely  unprecedented,  abso- 
lutely unsanctioned." 

Mr,  Hillquit  then  cited  examples  in  profusion. 

He  ended  with  this  remarkably  close  analogy,  that 
of  the  case  of  Lucas  E.  Decker,  a  member  of  the  As- 
sembly from  the  4th  District  of  the  County  of  Queens 
in  the  year  19 18.  Mr.  Hillquit's  citation  was  as  fol- 
lows: 

"In  the  case  of  Decker,  the  member  was  charged 
with  having  failed  to  register  for  the  selective  draft  al- 
though he  was  of  draft  age;  of  having  falsely  repre- 
sented that  he  had  been  examined  and  discharged  on 
account  of  bad  health  while  he  had  not,  as  a  matter  of 
fact,  presented  himself  for  examination  at  all;  and 


70  ALBANY 

of  having  in  November,  1917,  claimed  exemption  as 
a  member  of  the  Assembly,  although  his  term  of  of- 
fice did  not  begin  before  January  first  of  the  next  year. 
On  all  these  charges  he  was  found  guilty  by  the  com- 
mittee. The  committee  reported  that  it  became 
Decker's  duty  to  register  on  July  24,  191 7;  that  he  did 
not  do  so  until  November  23,  1917;  that  he  was  mar- 
ried November  9,  191 7;  that  he  then  claimed  exemp- 
tion as  a  state  officer  and  a  married  man — you  see  he 
got  himself  purposely  married  and  purposely  elected 
to  the  Assembly  to  evade  the  draft;  that  he  was  a 
lawyer  and  charged  with  knowledge  of  the  law  far 
beyond  that  of  a  layman  in  like  circumstances;  and 
the  fact  that  for  at  least  four  months  he  disregarded 
the  law  while  advising  others  to  obey  it,  and  assisted 
in  the  work  of  getting  other  young  men  to  go  to  the 
front,  would  justify  any  committee  of  citizens  in  tak- 
ing the  position  which  was  taken  in  this  matter  by  the 
objectors.  The  report  continued:  'These  circum- 
stances were  matters  of  public  record  during  all  the  pe- 
riod of  time  Decker  was  running  for  the  office  of  mem- 
ber of  the  Assembly,  and  neither  denied  nor  affirmed 
by  him  as  far  as  any  evidence  produced  before  us 
showed  with  the  exception  of  the  fact  that  he  stated 
he  had  been  discharged  on  the  ground  of  defective  eye- 
sight; and  your  committee  could  not  recommend  the 
dismissal  of  said  Decker  from  the  office  of  Member  of 
Assembly  on  the  ground  that  he  secured  his  election 
by  misrepresentation  in  any  way.' 

"Now,  just  listen  to  what  follows:  'Since  his  elec- 
tion, and  since  he  has  been  in  the  discharge  of  his 
duties  as  an  Assemblyman,  there  is  no  evidence  that 
he  has  committed  any  act  that  disqualified  him  in  the 
judgment  of  your  committee  from  so  acting;  that  the 
facts  are  insufficient  for  us  to  hold  and  recommend 
that  he  should  be  deprived  of  his  office  at  this  time. 


SOCIALISTS  CHALLENGE  JUDGES    71 

Your  subcommittee  holds  that  IN  ORDER  TO  RE- 
MOVE A  MEMBER  OF  ASSEMBLY  FROM  OF- 
FICE, UNDER  THE  CONSTITUTION,  SOME 
QUESTION  INVOLVING  THE  ELECTION  OR 
RETURNS  IS  NECESSARY  BEFORE  THE  AS- 
SEMBLY HAS  JURISDICTION  IN  THE  PREM- 
ISES; or,  further,  that  the  person  so  elected  must 
"be  entirely  disqualified  under  the  constitution,  or  by 
his  conduct  in  the  House  must  disqualify  himself. 
THESE  REGULATIONS  ARE  SPECIFICALLY 
SET  FORTH  IN  THE  CONSTITUTION  ITSELF, 
and  there  is  no  evidence  before  us  that  any  of  them 
are  lacking,  as  far  as  the  respondent  in  this  proceed- 
ing is  concerned.  WE,  THEREFORE,  RESPECT- 
FULLY RECOMMEND  TO  THE  JUDICIARY 
COMMITTEE  THAT  A  REPORT  BE  MADE  DIS- 
MISSING THE  COMPLAINT  AND  THE  SAID 
REPORT  BE  BY  THE  SAID  COMMITTEE  SUB- 
MITTED TO  THE  ASSEMBLY  FOR  FURTHER 
ACTION.' 

"The  report  was  made;  you  remember  the  points. 
They  pointed  to  the  fact  that  no  matter  how  morally 
objectionable  a  member's  conduct  may  be  in  the  eyes 
of  his  fellow  members,  so  long  as  he  possesses  the 
constitutional  qualification,  age,  citizenship,  residence; 
so  long  as  he  has  been  duly  properly  elected,  he  must 
be  by  constitutional  mandate  admitted  to  his  seat,  and 
only  if  he  misbehaves  as  a  member  on  the  floor  of  the 
House  can  he  be  expelled.  This  is  very  much  to  the 
point,  is  it  not?  unless  there  be  a  difference  in  the  fact 
that  Mr.  Decker  was — I  don't  know  which — a  Republi- 
can or  a  Democrat,  but  at  any  rate  not  a  Socialist.  But 
the  Constitution  was  then  clearly  understood,  and  this 
report  is  signed  by  very  good,  authoritative  names — 
Louis  N.  Martin,  Walker  S.  McNab,  Harley  G.  Green, 
Wallace  F.  Pierce,  William  H.  O'Hara.     That  was 


72  ALBANY 

done  only  two  years  ago,  in  this  Assembly,  on  exactly 
the  question  before  you.  You  dismissed  it  by  unani- 
mous vote— 144 — ^not  a  single  vote  against.  If  there 
be  a  more  analogous  case  to  the  one  at  the  bar,  I 
should  like  to  see  it. 

"This,  then,  is  the  law.  These  are  the  precedents 
and  in  the  face  of  all  that;  in  the  face  of  the  manda- 
tory provision  of  the  Constitution ;  in  the  face  of  every 
precedent  known  to  the  law;  in  the  face  of  your  own 
unanimous  action,  and  the  precedents  set  by  you,  you 
are  asked  at  this  late  hour  to  come  and  to  invent  new 
qualifications  and  make  new  tests  for  the  admissibility 
of  members  duly  elected.  You  come  before  us  with 
charges  that  these  men  are  members  of  a  political 
party  that  has  been  disloyal  to  this  country,  that  repre- 
sents principles  inimical  to  the  best  interests  of  this 
country. 

"Do  you  gentlemen  realize  what  issues  you  are  rais- 
ing? We  are  here  as  representatives  of  a  party  whose 
platform  in  the  last  half  a  century  has  been  radically 
different  from  the  platforms  of  other  members  of  this 
House.  The  Socialist  party  has  always  maintained 
and  maintains  now  that  it  alone  represents  the  true  in- 
terests of  the  vast  majority  of  the  people  of  this  coun- 
try— ^the  workers  of  hand  and  brain,  the  workers  in 
factory  and  on  farm.  It  has  been  our  contention  right 
along  that  the  old  parties  who  stand  for  the  perpetua- 
tion of  the  present  economic  system  which  enslaves 
the  many  for  the  profits  of  the  few  are  disloyal,  are 
acting  inimically  to  the  best  interests  of  the  vast  body, 
of  the  people  of  the  United  States.  You  come  back 
and  you  tell  us  you  represent  the?  true  interests ;  you 
represent  true  loyalty ;  that  our  conception  of  what  is 
the  actual  interest  of  the  people;  that  our  conception 
of  loyalty  constitutes  treason.  Who,  pray,  constituted 
you  the  judges  as  to  what  policy,  what  economic  in- 


SOCIALISTS  CHALLENGE  lUDGES    73 

dustrial  policy,  advocated  by  a  party  constitutes  or 
does  not  constitute  treason? 

"It  is  history  alone  which  will  render  its  final  ver- 
dict upon  you  and  upon  us,  and  in  the  meanwhile  we 
have  for  over  120  years  been  united  upon  the  proposi- 
tion that  it  is  not  given  to  any  man ;  that  it  is  not  given 
to  any  body  of  men,  to  decree  in  a  free  country,  in  a 
democratic  country,  that  those  are  eternal  and  immut- 
able doctrines  of  policy,  of  politics,  of  social  philoso- 
phy, which  alone  we  shall  recognize. 

"The  very  foimdation  of  our  government  is  based 
upon  the  assumption  that  the  people  as  a  whole — not 
you  gentlemen,  not  you  145  members  of  this  body — 
but  the  people  of  the  whole  State,  the  people  of  the 
whole  country,  eventually  are  to  determine  what  is  for 
their  interests  and  what  not  for  their  interest;  what 
they  will  tolerate  as  loyal  conduct  and  what  they  will 
not  tolerate;  and  that  the  people  will  express  their 
views,  their  desires,  by  proper  constitutional  methods ; 
that  they  will  meet  in  groups  united  by  the  same  ideas, 
by  the  same  social  concepts  and  will  elect  representa- 
tives ;  that  they  will  allow  other  groups  to  do  likewise 
and  that  in  the  clash  of  conflicting  opinions  and  views 
and  ideas  and  strivings,  the  vast  body  of  the  people, 
the  majority  of  the  people,  will  find  expression;  that 
what  is  considered  treason  to-day  may  become  the  law 
of  the  land  to-morrow;  that  just  as  the  abolitionists  in 
the  early  days  who  were  attacked  by  eminent  respecta- 
ble gentlemen  in  terms  in  comparison  with  which  your 
declarations  are  mere  compliments,  that  they  in  the 
long  run  had  the  support  of  the  people  of  this  country 
and  became  the  majority. 

"What,  I  ask  you,  is  left  of  representative  govern- 
ment, what  is  left  of  democratic  institutions,  if  you 
allow  a  majority  in  any  parliamentary  house  elected 
by  the  whole  body  of  the  people  to  pass  judgment 


74  ALBANY 

upon  the  views,  upon  the  policies,  of  their  fellow  mem- 
bers? 

"Can't  you  see  where  that  would  lead  you?  If  the  So- 
cialist members  of  the  Assembly  are  to-day  expelled 
or  excluded  for  the  sole  reason  that  their  platform, 
their  party,  are  not  to  your  taste,  what  warrant  is 
there  that  the  same  contention  won't  be  made,  per- 
haps, next  year,  perhaps  three  years  from  now,  against 
the  Democratic  Party?  It  seems  to  you  impossible. 
It  seems  to  you  absurd.  Why,  this  proceeding  seemed 
impossible  and  absurd  to  us  only  two  weeks  ago,  and 
it  has  happened.  You  set  the  precedent  once.  You 
sweep  away  the  constitutional  limitations  and  guaran- 
tees. You  substitute  the  arbitrary  opinions  or  ar- 
bitrary views  of  the  majority  for  your  law,  for  your 
constitution,  for  your  popular  will,  and  you  have  a 
situation  of  chaos  and  civil  war  instead  of  a  well  regu- 
lated democracy. 

"It  has  happened  in  this  state  very  often  that  either 
house  of  the  legislature  was  either  Republican  or  Dem- 
ocratic by  a  very  narrow  margin.  Perhaps  a  few  men 
decided  it.  Look  at  the  temptation  to  have  the  minor- 
ity come  together  one  particular  day  when  the  majority 
happens  to  be  absent,  having  dinner  or  playing  poker, 
and  that  minority,  then  finding  itself  the  majority 
for  one  single  day,  uses  its  power  to  exclude  a  sufficient 
number  of  the  majority  party  to  perpetuate  itself  in 
power.  Why  not?  Qualifications?  If  there  is  abso- 
lutely no  rule  for  the  qualifications  required,  you  will 
find  ample  qualifications  or  lack  of  qualifications  in 
your  minds  to  justify  such  action. 

"I  am  not  pleading  for  the  five  Assemblymen,  their 
office,  their  jobs.  They  don't  care  for  them  to  such  an 
extent.  They  are  entitled  to  their  offices.  They  want 
to  perform  the  duties  for  which  large  constituencies 
have  elected  them.  But,  compared  with  the  vital  im- 


SOCIALISTS  CHALLENGE  JUDGES     75 

portance  of  the  case  itself,  their  fate,  their  office,  their 
services  are  as  nothing. 

"I  don't  plead  in  behalf  of  the  Socialist  party.  The 
Socialist  party  is  not  on  trial  before  you,  no  matter 
how  much  you  endeavor  to  make  it  a  trial  of  the  So- 
cialist party.  The  Socialist  party,  the  Socialist  move- 
ment, cannot  be  tried,  cannot  be  found  guilty,  cannot 
be  outlawed,  cannot  be  suppressed.  There  never  yet 
has  been  a  power,  a  physical  power,  anywhere  in  the 
world  that  was  adequate  to  suppress  the  onward  surge 
of  a  great  popular  movement,  or  to  stamp  out  or  to 
qualify  social  ideas  and  ideals. 

"This  proceeding  may  be  delightful  and  novel  to  you. 
It  isn't  new  to  us.  It  has  been  tried  before.  In  the 
balmy  days  of  the  Czar,  before  the  Duma  was  in- 
stituted, the  policy  of  the  Russian  Government  was  to 
outlaw  and  to  destroy  the  Socialist  movement.  You 
know  who  has  been  outlawed  and  destroyed  in  Russia 
and  who  has  been  triumphant  there.  It  is  the  Roman- 
offs, it  is  the  Czar,  it  is  all  the  instruments  of  oppres- 
sion that  have  been  destroyed.  It  is  the  popular  move- 
ment of  the  Socialists  that  has  triumphed. 

"Bismarck  attempted  to  outlaw  Socialism.  He 
passed  or  had  passed  legislation  to  that  effect.  He 
declared  the  party  outlawed  from  the  political  com- 
munity of  Germciny.  To-day  the  Kaiser  who  repre- 
sented the  powers  behind  Bismarck  is  what  you  would 
not  want  to  be;  and  as  far  as  Germany  is  concerned, 
the  only  question  there  is  which  of  the  two  dominant 
Socialist  parties  shall  remain  in  control. 

"We  are  not  afraid  of  suppression.  At  a  time  when 
one-half  of  the  world  is  under  Socialist  control;  at  a 
time  when  the  Socialist  movement  has  matured  prob- 
ably the  only  social  organization  possible  under  pres- 
ent conditions  throughout  the  greater  part  of  Europe, 
it  is  ciltogether  too  late  for  any  body  of  men  on  this 


76  ALBANY 

side  of  the  ocean  to  determine  to  do  their  little  stunt 
to  kill  Socialism  in  this  country.  You  can  no  more 
kill  the  Socialist  movement  in  the  United  States  than 
you  can  kill  social  progress,  the  development  of  in- 
dustry, the  development  and  growth  of  civilization 
generally. 

"As  a  party  we  are  not  afraid  of  your  actions,  but 
as  citizens,  as  members  of  a  democratic  community, 
we  have  our  word  of  solemn  warning  to  address  to 
you.  We  say  to  you,  we  are  living  in  an  unusual  time. 
Five  years  of  war,  of  suffering,  of  destruction,  have 
unmade  the  world,  have  ripped  up  all  social  institu- 
tions, all  organizations,  have  created  a  new  condition, 
a  condition  which  is  largely  in  the  making.  Our  gener- 
ation has  to  meet  the  greatest  problem  that  has  ever 
confronted  the  world.  Out  of  the  ruins  of  the  old 
world,  out  of  the  chaos  created  by  the  last  few  years, 
it  devolves  upon  us,  upon  the  men  and  women  of  our 
generation,  to  build  up  a  new,  livable  world. 

"We  Socialists  are  ready  to  contribute  our  share. 
We  claim  to  be — we  always  have  been^ — the  most 
potent  factor  making  for  orderly,  quiet,  peaceful  so- 
cial changes.  We  do  not  attempt  to  usher  in  a  new 
system  by  violence.  We  know  it  is  just  as  foolish  to 
bring  in  radical  reforms  by  violence  as  it  is  folly  to 
try  to  stem  reform  by  violence. 

"And  we  say  to  you  that  the  contemplated  action 
of  this  Assembly,  if  consummated,  will  be  the  first 
tragic  act  of  violence  instead  of  law — ^violence  per- 
petrated by  the  very  men  claiming  to  uphold  law. 
It  will  loosen  the  sluice  gates  of  violent  revolution 
which  we  Socialists  have  always  endeavored  and  are 
endeavoring  to  stem.  We  say  to  you,  you  have  no 
warrant  in  law,  no  warrant  in  the  constitution,  no 
precedent,  no  warrant  in  the  spirit  of  the  institutions 
of  this  country,  to  proceed  to  expel  these  five  men 


SOCIALISTS  CHALLENGE  JUDGES    77 

elected  by  the  people  and  having  the  same  right  on 
the  floor  as  you.  As  your  fellow  citizens,  we  say,  take 
care  as  to  what  you  are  doing." 

To  this  eloquent  argument,  Mr.  Littleton  for  the 
prosecution,  replied  in  a  long  oration.  He  assured  the 
Assembly  and  the  Judiciary  Committee  that  they  were 
altogether  in  the  right,  even  if  that  happened  to  be  an 
arbitrary  right.    Said  he : 

"The  charge  is  made  here  that  these  Assemblymen 
were  pledged  to  their  organization,  by  their  constitu- 
tion, to  obedience  to  the  dues-paying  members  of  their 
organizations,  who  were  or  might  be  aliens  or  minors ; 
to  do  in  this  Assembly  Chamber,  when  they  got  here, 
not  what  the  constitutional  oath  laid  upon  their  con- 
sciences and  commanded  them  to  do ;  but  to  do  as  they 
were  bid  to  do  and  commanded  to  do  by  the  very 
agencies  with  whom  they  entered  into  a  secret  agree- 
ment ;  to  give  their  loyalty  to,  not  to  the  State  of  New 
York  nor  the  Constitution  of  the  country. 

"The  charge  is  made  that  these  Assemblymen,  in- 
stead of  taking  the  oath  of  office  as  prescribed  in  the 
Constitution  of  the  State,  and  as  it  was  commanded  by 
the  Constitution  of  the  United  States,  that  it  should 
be  prescribed  in  the  Constitution  of  these  States — I 
say  instead  of  taking  that  oath,  with  the  obligation  to 
serve  the  State  and  to  support  the  Constitution  of 
the  State  and  of  the  nation,  the  charge  is  made  here 
that  while  they  took  that  oath  with  their  lips,  they  take 
their  obligation,  with  their  fortunes  and  their  sacred 
honor,  to  the  secret  agencies  whom  they  came  here  to 
serve;  and  that  when  they  took  that  oath,  they  in- 
tended not  the  service  of  the  State,  they  intended  not 
the  support  of  the  Constitution  of  the  State  or  of  the 
United  States ;  but  they  took  the  oath  here  with  their 
lips,  and  back  behind  with  the  agencies  who  sent 
them  here,  that  they  would  do  what  those  agencies  de- 


78  ALBANY 

manded ;  and  that  they  took  that  obligation,  as  we  shall 
show,  in  writing,  to  their  masters  behind." 

In  answer  to  the  assertion  that  the  Assembly  had 
no  power  to  enforce  the  suspension  of  the  Socialists* 
Mr.  Littleton  declared: 

"I  repeat  that  if  the  person  who  comes  to  take  his 
oath  here  has  given  a  pledge  before  he  came  here  that 
he  with  others  not  disclosed;  he  with  others  not  re- 
vealed; he  v/ith  others  not  within  sight  or  sound  of 
the  public  agencies  of  the  State,  would  engage  in  a 
program  of  violence  against  the  country,  against  the 
Constitution  of  his  State  and  against  the  Constitution 
of  his  nation ;  if  he  stands  pledged  to  that  sort  of  pro- 
gram and  comes  to  take  the  oath  of  office,  his  pledge 
so  taken  prior  to  the  coming  here,  his  agreement  not 
to  keep  his  oath  of  ofiice,  his  agreement  to  destroy  the 
country  whose  Constitution  he  has  taken  oath  to  sup- 
port, his  agreement  to  attack  the  country  which  he  pre- 
tends to  represent,  his  agreement  to  destroy  the  Gov- 
ernment which  he  pledges  himself  to  maintain,  his 
agreement  to  maintain  law  and  order  when  secretly 
plotting  with  other  men  to  project  disorder,  his  agree- 
ment to  do  all  that  is  the  most  colossal  offense  against 
his  future  service  in  that  body  and  empov/ers  that 
body  to  rid  itself  of  that  contagion,  if  contagion  it  be." 

Mr.  Littleton  attained  his  climax  in  the  following 
words : 

"When  a  man  whom  his  fellow  citizens  have  hon- 
ored with  their  confidence,  on  the  pledge  of  a  spotless 
reputation,  has  degraded  himself  by  the  commission  of 
infamous  crimes  which  become  suddenly  and  unex- 
pectedly revealed  to  the  v/orld,  defective  indeed  would 
be  that  institution  which  should  be  impotent  to  discard 
from  its  bosom  the  contagion  of  such  a  member,  which 
should  have  no  remedy  of  amputation  to  apply  until 
the  poison  had  reached  the  heart." 


SOCIALISTS  CHALLENGE  JUDGES    79 

Mr.  Hillquit  then  accused  Mr.  Littleton  of  confusing 
"four  different  propositions,  arguing  them  all  to- 
gether." He  insisted  that  the  committee  had  no  power 
under  the  constitution  to  try  the  five  men  on  the 
charges  presented. 

Mr.  Stanchfield,  resenting  the  bringing  in  of  the 
Constitution  into  the  discussion,  ended  by  saying: 

"Mr.  Hillquit,  Mr.  Stedman,  Mr.  Roe,  Mr.  Block, 
and  these  five  men  who  are  under  investigation  are 
here  as  a  matter  of  courtesy — let  us  have  no  misunder- 
standing about  that — purely  a  matter  of  courtesy  and 
not  of  right ;  and  they  are  here  because  we  wish  them 
to  be  convinced  as  the  result  of  this  investigation  that 
there  are  facts,  and  that  there  is  evidence,  that  war- 
rants the  action  of  the  Assembly  of  the  State  of  New 
York.    YOU  COULD  PROCEED  ARBITRARILY." 

Mr.  Hillquit,  addressing  himself  to  the  Committee, 
denied  that  the  fact  that  the  Assem.bly  had  the  power 
to  do  it  gave  it  the  right  to  do  it.    He  said : 

"As  well  might  Mr.  Stanchfield  say  that  if  ten  good 
husky  individuals  took  hold  of  one  weak  chap  and 
kicked  him  downstairs  for  no  reason  in  the  world, 
there  is  no  recourse  against  them  because  they  iiave 
the  power  to  do  so :  there  is  no  question  about  power. 
The  question  is  this :  This  Assembly  and  every  other 
legislative  body  always  have  exercised  their  power  in 
accordance  with  the  Constitution  and  the  law  of  the 
State.  Otherwise,  we  wouldn't  be  here.  We  are  here 
upon  the  assumption  that  you  proposed  in  your  actions 
to  be  guided  by  all  the  provisions  of  the  Constitution 
and  the  statute  law  applicable  to  the  case.  There  has 
not  been  a  single  case  in  this  Assembly  which  has 
been  disposed  of  merely  on  the  statement :  'We  are  the 
judges;  we  are  supreme;  this  is  our  will,  and  that  is 
the  end  of  it.' " 


CHAPTER  VI 
THE  INVISIBLE  EMPIRE 

Gilbert  Roe,  counsel  for  the  defense,  opened  the 
second  day  of  the  trial  with  a  motion  to  dismiss  the 
proceedings  until  such  time  as  the  five  Assemblymen 
should  have  been  returned  to  their  seats  v/ith  full 
rights  restored.  He  contended  that  the  Assembly  had 
no  right  to  proceed  with  any  business  until  the  House 
was  properly  constituted  and  that  it  was  not  properly 
constituted  as  long  as  the  five  Socialist  Assemblymen 
were  unlawfully  kept  away  from  their  seats. 

To  the  various  interruptions  by  the  Chairman  and 
the  members  of  the  Committee,  during  his  argument  in 
support  of  his  motion,  Mr.  Roe  said: 

"I  seem  to  have  been  the  only  man  v/ho  has  been 
questioned  in  the  course  of  the  argument,  and  per- 
haps I  ought  to  say,  if  my  language  is  at  all  intem- 
perate, I  do  not  mean  it.  I  certainly  do  not  want  it 
charged  up  to  the  Socialist  party,  because  it  just  hap- 
pens that  I  am  not  a  Socialist;  I  am  just  an  old-fash- 
ioned Republican  who  believes  in  the  Constitution  and 
the  Declaration  of  Independence." 

This  sally  was  greeted  by  another  outburst  of  laugh- 
ter from  the  House. 

The  next  motion  was  presented  by  Mr.  Stedman  of 
the  defense,  who  argued  that  the  proceedings  should 
be  dismissed  on  the  ground  of  the  insufficiency  of  the 
charges.  He  opened  by  saying,  "I  cannot  pretend 
in  what  I  may  have  to  say  to  meet  the  exquisite  and 
anarchistic  doctrine  that  you  have  the  privilege  of  ex- 

80 


THE  INVISIBLE  EMPIRE  8i 

eluding  undesirable  members  with  or  without  reason." 

He  divided  the  charges  against  the  Socialists  into 
seven.  The  first  charge  he  declared  was  the  resolu- 
tion of  the  Socialist  Party  expressing  solidarity  with 
Soviet  Russia.  He  pointed  out  that  the  charge  failed 
to  define  what  kind  of  Soviet  Russia  was  meant — the 
Soviet  Russia  that  actually  existed,  or  the  Soviet  Rus- 
sia as  defined  by  a  hostile  press.    He  added: 

"Never  before  have  we  regarded  a  person's  opinion 
as  to  the  economic  or  political  fabric,  or  the  social  in- 
stitutions which  apply  to  another  country,  as  a  condi- 
tion of  membership  in  a  legislative  body.  We  exclude 
a  man  because  he  believes  that  the  people  of  Russia 
have  a  right  to  develop  their  own  economic  and  politi- 
cal life  in  their  own  way.  To-day  you  lead  out  with 
that ;  that  is  the  attack  made  against  these  Assembly- 
men— you  might  have  gone  further  with  equal  truth 
and  said  that  in  the  same  convention  by  which  a  reso- 
lution was  passed  extending  sympathy  to  Russia, 
heartfelt  approval  was  also  extended  to  those  in  Ire- 
land who  believe  in  self-determination  and  liberty.  And 
you  could  have  followed  it  up  with  the  same  applicabil- 
ity to  Egypt;  you  could  have  followed  it  up  with  the 
same  applicability  to  India;  in  other  words,  the  doc- 
trine of  self-determination  meant  to  the  Socialists  the 
language  which  it  purports  to  carry;  and  believing  in 
that,  would  it  become  a  crime  to  stand  for  Irish  inde- 
pendence, for  India's,  for  Egypt's,  as  we  stood  for  that 
of  Russia? 

"But  the  offense  here  is  that  these  men  have  views 
on  a  foreign  political  system ;  no  intimation,  no  declar- 
ation of  fact  that  they  propose,  or  even  dream,  that  a 
system  which  naturally  develops  from  Russia's  ma- 
terial conditions  is  adaptable  to  a  highly  complex  in- 
dustrial system  such  as  that  of  the  United  States. 

"And  how  do  these  gentlemen  who  assume  that 


82  ALBANY 

Russia  to-day  stands  for  wild  and  disorderly  anarchy 
know  that  that  is  correct?  People  suffering  for  a  half, 
or  more  than  a  half,  thousand  years,  in  ignorance  and 
oppression,  are  engaged  in  a  great  war,  where  they 
lose  more  than  all  the  other  armies  engaged  in  the  con- 
flict— by  corruption,  disorganization,  dishonesty.  The 
army  comes  back  on  them — a  great  mob — they  dis- 
solve an  army  of  12,000,000.  They  re-equip,  in  the  face 
of  that,  an  army  of  2,000,000.  They  fight  on  seventeen 
different  points  at  a  time,  and  on  four  great  fronts. 
They  fight  against  an  organized,  equipped  army.  They 
develop  an  educational  system.  They  start  the  build- 
ing of  six  railroads  in  the  midst  of  it  all,  with  four 
armies  attacking  them  from  the  east  and  west  and 
south.    Is  that  the  Russia  you  are  objecting  to?" 

He  then  called  the  attention  of  the  Committee  to  the 
fact  that  in  other  countries  Socialist  parties  had  taken 
a  similar  attitude  towards  the  Soviet  Government, 
and  that  these  parties  had  large  representations  in 
Parliament  and  were  not  excluded  or  molested  on  that 
account. 

Mr.  Stedman  summarized  charge  No.  i  against  the 
Socialists  in  the  following  language: 

"As  to  your  first  count,  you  are  charging  what? 
First,  that  the  system  in  Russia  is  so  reprehensible 
that  if  a  convention  approves  of  it  and  a  man  is  a 
member  of  a  party  through  whose  convention  such 
declaration  is  made  that  he  becomes  thereby,  by  reason 
of  that,  disqualified  to  sit  in  your  midst.  There  is  no 
other  way  around  the  first  paragraph,  except  the  very 
fanciful  way  of  saying  you  have  power,  and  right  or 
wrong,  you  will  do  it  anyway.  But  before  I  leave  that 
phase,  I  wonder  what  the  gentlemen  of  the  Committee 
would  say  if  the  doctrine  and  the  theory  that,  wrong 
or  right,  we  have  the  power  anyhow,  were  uttered  by 
the   soapboxer  on   the   street,   instead  of  the  distin- 


THE  INVISIBLE  EMPIRE  83 

guished  lawyer,  who  should  recognize  that  there  is 
imposed  upon  all  bodies  some  measure  of  regulation 
and  duty?" 

When  the  Chairman  interrupted,  contending  that  a 
discussion  of  Russia  was  out  of  place,  Mr.  Stedman 
declared  that  sympathy  with  Russia  constituted  the 
chief  charge  against  the  five  men.  To  this  the  Chair- 
man answered: 

"This  is  hardly  an  indictment ;  this  is  an  allegation. 
Strict  criminal  law  cannot  apply  here.  WE  ARE  NOT 
CLAIMING  THESE  PEOPLE  ARE  CRIMINALS." 

Recognizing  the  value  of  this  point,  Mr.  Hillquit 
exclaimed,  "Does  the  Chairman  desire  to  have  that 
of  record  that  there  is  no  claim  on  the  part  of  the 
accusers  that  these  five  men  who  have  been  denied 
seats  in  the  Assembly  are  not  criminals?" 

The  whole  house  leaned  forward  to  catch  the  Chair- 
man's reply.    It  came  hesitatingly,  but  finally  he  said : 

"The  Chair  would  like  to  have  it  appear  on  record 
that  he  does  not  so  understand  it."  After  a  full  half 
minute's  hesitation,  he  added  briefly,  "Of  course,  the 
Chair  may  be  very  much  in  error." 

This  admission  on  the  part  of  the  Chairman  created 
consternation  in  the  camp  of  the  prosecution.  It  was 
in  direct  opposition  to  the  accusation  that  the  five  So- 
cialist Assemblym.en  were  "plotters  and  conspirators." 

Mr.  Hillquit,  following  up  the  point,  said  quickly, 
"If  they  are  not  charged  with  crime,  if  they  are  not 
charged  with  anything  else,  what  are  we  here  for?" 

Mr.  Littleton  felt  it  necessary  to  rush  into  the 
breach.     Said  he: 

"Mr.  Chairman,  does  the  gentleman  think  that 
everybody  who  falls  short  of  the  criminal  statute  is 
eligible  for  election  to  a  legislative  body?" 

Mr.  Hillquit  promptly  replied,  "Some  who  do  not 
fall  short  are  sitting  in  it." 


84  ALBANY 

Mr.  Littleton  drew  himself  up.  "Is  that  a  charge 
against  this  legislative  Assembly?"  he  asked. 

Mr.  Hillquit,  smiling,  replied,  "No,  against  legisla- 
tive bodies  generally. 

Mr.  Littleton  demanded  to  know  what  legislative 
bodies  were  referred  to,  but  the  Chairman  interfered, 
saying,  "Gentlemen,  we  cannot  have  this.  Discussion 
as  to  the  ignorsince  of  the  Chair,  of  course,  is  always 
pertinent." 

After  this  exchange  of  repartee  Mr.  Stedman  re- 
sumed his  argument.  He  finally  pleaded  guilty  to  the 
first  charge  against  the  Socialists — that  of  sympathy 
with  Russia — saying,  "Suppose  we  say  to  you  we  make 
no  contest  on  your  first  charge;  we  have  no  evidence 
to  offer;  you  need  offer  none.  We  plead  guilty  to 
it." 

Mr.  Stedman  then  attacked  the  second  charge  in 
the  indictment,  which  related  to  a  clause  in  the  So- 
cialist party's  constitution  which  reads: 

"In  all  my  political  actions  while  a  member  of  the 
Socialist  Party,  I  agree  to  be  guided  by  the  Constitu- 
tion and  platform  of  that  party." 

"That  is  actually  charged  as  an  offense  against 
them,"  remarked  Mr.  Stedman.  "Now,  in  the  first 
place,  this  government  is  one  of  political  parties.  It 
must  be  so  from  its  very  nature.  You  cannot  con- 
ceive of  a  system  of  governmental  representation  that 
is  not  a  government  of  parties. 

"You  have  .issues  where  groups  become  antagonis- 
tic— free  traders,  protectionists,  prohibitionists  and 
wets,  and  you  form  in  groups  and  parties,  and  men 
who  come  into  legislative  halls  with  a  purpose,  come 
in  as  a  group  and  act  as  a  group;  and  they  represent 
a  party  in  the  interest  of  that  party,  and  insofar  as  they 
say  we  represent  all  the  people  in  the  district,  they 


WHEN  THE  BOSSES  RULE 


Courtesy  of  New  York  World 


NO  ADMITTANCE! 

85 


86  ALBANY 

mean  that  in  their  minds  the  interests  of  those  they 
represent  must  of  necessity  be  the  interests  of  all  in  the 
district." 

He  then  read  from  the  election  law  of  the  State, 
showing  that  the  law  recognizes  political  parties  and 
provides  for  their  existence. 

"We  submit,"  said  Mr.  Stedman,  "that  we  have  a 
right  to  form  an  organization  and  to  have  one  that 
functions ;  and  when  men  come  into  this  chamber,  they 
will  not  regard  entrance  here  as  a  justification  for  re- 
fusing to  act  any  longer  as  real  representatives  and 
servants  of  those  who  have  sent  them  here." 

In  discussing  the  fourth  charge  against  the  Social- 
ists, relating  to  the  provision  in  the  Socialist  Party's 
constitution  calling  for  "Suspension  or  expulsion  of 
members  for  refusing  to  carry  out  the  instructions 
from  dues-paying  organizations,"  Mr.  Stedman  de- 
clared this  v/as  no  cause  for  expulsion. 

Said  he,  "I  would  call  your  attention  to  the  right 
that  any  man  has  to  disassociate  himself  from  per- 
sons not  in  accordance  with  his  theory," 

As  to  the  charge  that  "Socialist  Party  instructions 
might  be  given  by  an  Executive  Committee,  both 
wholly  or  in  part,  composed  of  alien  enemies,"  Mr. 
Stedman  called  attention  to  the  fact  that  no  claim  had 
been  made  that  foreign  born  persons  or  alien  enemies 
had  ever  dominated  even  the  most  local  Socialist  Com- 
mittee. He  called  this  charge  merely  hypothetical.  He 
said  this  hypothetical  crime  was  charged  to  "citizens 
who  think  as  much  of  this  country  as  those  who  wrap 
themselves  in  a  cloak  of  self-righteousness." 

The  next  charge  taken  up  dealt  with  the  war  reso- 
lution adopted  at  the  Socialist  Party  convention  in 
St.  Louis.  After  explaining  the  circumstances  under 
which  it  was  constituted,  he  said: 

"The  misunderstanding  about  the  position  of  the 


THE  INVISIBLE  EMPIRE  87 

party  in  disapproving  war  comes  from  the  fact  that 
most  people  have  been  unfamiliar  with  the  Socialist 
theory  in  reference  to  its  attitude  on  war.  We  are 
charged  with  the  offense  of  opposing  the  war.  It  must 
be  patent  to  you  in  the  first  instance  that  every  man 
in  this  country  had  a  right  to  oppose  the  war  before 
we  entered,  and  countless  thousands  did.  It  must  be 
equally  apparent  that  when  you  are  in  a  war,  some  one 
some  time  must  suggest  its  discontinuation;  and  to 
suggest  its  discontinuation  presupposes  an  opposition 
to  that  war.  Our  traditions  are  fairly  well  fixed,  we 
think,  but  sometimes  the  habits  of  a  nation  prove  as 
unstable  and  weak  as  the  habits  of  individuals.  Our 
country  by  tradition  was  opposed  to  conscription,  ex- 
cept as  states  filled  their  quotas.  We  had  a  long  record 
of  men  in  Congress,  of  men  in  public  and  private  life, 
who  opposed  war.  Lincoln  opposed  it  and  voted 
against  appropriations,  and  so  did  Clay ;  you  know  the 
record  full  well.  Our  party  not  only  opposed  it  on  the 
grounds  which  heretofore  had  been  regarded  as  legiti- 
mate humanitarian  grounds,  but  we  offered  an  expla- 
nation as  to  its  reasons.  We  rejected  the  headline 
solution  of  a  "kings'  war."  We  believed  it  to  be  the 
logical  development  of  our  econo(mic  system. 

"It  was  not  something  new,  and  you  know  it.  The 
party  had  made  its  declaration  against  war.  It  had 
opposed  appropriations  for  arms.  It  knew  that  arma- 
ment meant  war,  and  that  war  meant  destruction, 
disease,  insanity.  It  denounced  the  war  as  criminal. 
You  need  do  nothing  more  than  to  glance  at  the  world 
to-day  to  realize  that  criminality  and  infamy  do  not 
sufficiently  describe  the  destruction  of  humanity  by  so- 
called  civilized  men.  If  there  is  any  voice  on  the  soap- 
box, the  stump,  or  out  in  the  wilderness,  that  can 
breathe  a  breath  of  real  life  into  the  world,  then  we 
need  to  hear  it  now,  here,  and  in  every  other  country. 


88  ALBANY 

"The  party  pointed  out  that  this  was  not  a  war  to 
make  the  world  safe  for  democracy — not  that  we  chal- 
lenged that  belief  and  ideal  in  the  hearts  of  countless 
thousands  of  men  who  went  to  the  front,  but  that  we 
understood  the  forces  engaged  were  not  purely  ethical. 
We  knew  the  economic  conflicts  which  ran  all  the 
way  from  London  to  Bagdad  and  which  played  for 
possessions  of  raw  materials.  We  knew  that  system 
would  bring  what  it  did  bring. 

"When  the  war  was  proceeding,  the  party,  as  you 
may  recall,  attempted  to  hold  its  conference  in  Stock- 
holm and  in  other  countries  in  order  that  men  repre- 
senting the  working  classes  of  the  world  might  meet 
and  stop  the  frightful  slaughter;  but  they  were  not 
permitted  so  to  assemble.  We  went  into  the  war ;  but 
democracy  has  not  come.  Self-determination  has  not 
come  into  the  world. 

"We  do  not  complain  that  there  has  not  been  a 
realization  of  promises,  no  matter  how  sacred  that 
may  have  been  made  before  humanity;  but  we  insist 
that  this  party  had  a  right  to  its  opinion  as  to  why  we 
went  into  that  war.  If  it  was  false  and  misleading,  you 
at  least  had  an  excuse  for  the  suppression  of  our  press 
and  for  suppressing  information  during  the  war — 
namely,  that  Success  necessary  to  American  arms. 
But  that  gives  you  no  right  to-day,  when  the  central 
powers  are  beaten,  to  do  what  you  are  doing.  We 
should  be  given  the  opportunity  thoroughly  to  state 
why  we  have  these  views  and  why  we  have  those 
theories. 

"You  charge  us  with  holding  an  opinion.  Why,  the 
Democratic  party  had  an  opinion  during  the  War  of 
the  Rebellion.  If  I  mistake  not,  it  was  Abraham  Lin- 
coln who  suggested  a  return  to  slavery,  if  the  seven 
States  would  come  in,  and  that  the  slaves  might  be 
purchased  back  in  37  years. 


THE  INVISIBLE  EMPIRE  89 

"When  General  McClellan  was  the  Democratic  can- 
didate for  the  presidency,  he  claimed  that  justice,  hu- 
manity, and  the  public  welfare  demanded  that  im- 
mediate efforts  be  made  for  a  cessation  of  hostilities 
with  a  view  to  an  ultimate  convention  of  the  States. 
He  favored  any  peaceable  means  to  the  end  that  at 
the  earliest  practical  moment  peace  might  be  restored 
on  the  basis  of  the  Federal  Union  of  the  States.  He 
held  also  that  the  direct  interference  of  the  military 
authorities  of  the  United  States  in  the  elections  held 
in  Kentucky,  Maryland,  Missouri  and  Delaware,  was  a 
shameful  violation  of  the  Constitution,  and  that  the 
repetition  of  such  acts  in  the  approaching  election 
should  be  held  as  revolutionary  and  resisted  with  all 
tneans  and  power.  No  one  thought  of  imprisoning  the 
Democrats  who  stood  on  that  platform  at  that  time. 
It  was  regarded  as  a  legitimate  expression  of  their  con- 
victions." 

Mr.  Stedman  then  referred  to  the  prosecution's  criti- 
cism of  the  Socialist  stand  on  patriotism. 

"Patriotism,"  he  said,  "is  a  very  much  misunder- 
stood term;  I  judge  so  by  the  methods  used  by  the 
profiteers  when  they  wrap  themselves  in  the  Ameri- 
can flag.  We  marvel  at  that  idea  of  patriotism.  Is  not 
the  ideal  of  those  who  would  think  of  their  country  as 
a  country  of  art,  of  literature,  of  social  and  material 
progress,  who  want  it  to  be  the  most  brilliant  star  in 
the  galaxy  of  nations,  to  be  imitated?  who  wish  at  the 
same  time  to  be  a  part  of  a  great  fraternal  and  civilized 
world  participating  and  acting  with  all  other  coun- 
tries? Isn't  that  real  patriotism?  Patriotism  is  not 
the  love  of  a  machine;  it  is  the  love  of  the  position 
in  the  universe  which  you  hope  your  country  to 
take  as  a  great  leader  of  human  thought  and 
achievement.  It  does  not  consist  in  witch-hunting, 
neither   does  it  consist  of  fear  of  that  which  will 


90  ALBANY 

disturb  the  settled  convictions  of  vested  interests." 

As  regards  freedom  of  opinion,  Mr.  Stedman  de- 
clared : 

"When  a  country  loses  confidence  in  its  people 
rationally  to  come  together  and  discuss  problems  and 
abide  by  a  majority — that  country  is  already  giving 
evidence  of  faithlessness  in  its  own  institutions. 

"We  Socialists  pursue  a  political  program.  We  be- 
lieve in  the  majority  dictating  the  course  of  society. 
We  repudiate  the  theory  that  a  social  agency  must  act 
through  physical  effort  and  discord.  We  have  clear- 
cut  notions  and  theories  as  to  how  to  bring  things 
about ;  but  Mr.  Hillquit  was  not  making  a  threat  when 
he  said,  'When  you  challenge  representative  govern- 
ment, you  welcome  an  autocracy;  and  when  you  do 
that,  the  end  is  clear!'  He  made  that  not  as  a  chal- 
lenge, but  as  a  prediction.  You  will  have  either  an 
autocracy  or  a  representative  democracy.  Our  form  of 
government  is  that  of  a  representative  democracy,  and 
when  the  opposition  speaks  of  disloyalty,  let  me  say 
that  disloyalty  is  not  disaffection  or  want  of  affection." 

Mr.  Stedman  then  came  to  the  final  charge  against 
the  Socialists,  which  he  declared  to  be  the  only  one 
that  he  considered  had  "any  merits." .  Said  he : 

"You  say :  'The  SociaUst  Party  of  America  did  urge 
its  members  to  refrain  from  taking  part  in  any  way, 
shape  or  manner  in  the  war,  and  did  affirmatively 
urge  them  to  refuse  to  engage  even  in  the  production 
of  munitions  of  war  and  other  necessaries  used  in  the 
prosecution  of  the  said  war,  and  did  thereby  stamp  the 
said  party  and  all  of  its  members  with  an  inimical  at- 
titude to  the  best  interests  of  the  United  States  and 
the  State  of  New  York.'  That  is  a  fairly  definite  state- 
ment of  what  the  framers  of  this  paper  may  have  con- 
sidered to  be  the  truth.    That  is  an  issue  we  are  quite 


THE  INVISIBLE  EMPIRE  91 

willing  to  meet,  and  I  think  it  will  be  an  issue  that 
they  will  regret  they  ever  raised." 

He  ;oncluded  with  the  following  assertion : 

"The  other  clauses  of  your  accusation  deal  with  opin- 
ions, deal  with  regulations,  deal  with  theoretical  opin- 
ions of  the  party.  These  men  should  not  be  placed  on 
trial,  because,  admitting  all  these  charges  to  be  true, 
they  are  not  inconsistent  with  the  requisite  qualifica- 
tions of  a  man  elected  to  a  representative  body  in  this 
country  where  liberty  exists  and  where  the  soul  of 
America  still  throbs." 

The  eloquent  words  of  Mr.  Stedman  had  hardly  died 
away  when  Mr.  Littleton  arose  and  startled  the  pros- 
ecution itself  with  a  new  discovery,  to  the  effect  that 
the  Socialist  members  were  guilty  of  being  citizens 
of  "an  alien  and  invisible  empire,"  a  discovery  which 
plagued  the  prosecution  for  the  remainder  of  the  pro- 
ceedings. 

Said  Mr.  Littleton: 

"The  representation  with  reference  to  what  these 
five  men  did,  and  what  they  profess,  and  what  they  en- 
gaged to  do,  stands  out  as  plainly  as  anything  can 
stand  out,  that  they  gave  their  allegiance  wholly  and 
solely  to  an  alien  and  invisible  empire  known  as  the 
Internationale. 

"It  stands  out  that  they  are  citizens  not  in  reality 
of  the  country  which  sustains  and  maintains  them,  but 
they  are  citizens  of  this  invisible  empire  which  projects 
itself  as  a  revolutionary  force  into  every  country,  men- 
acing its  institutions  and  threatening  its  overthrow. 
Their  allegiance,  before  they  ever  enter  upon  the 
threshold  of  this  chamber,  was  given  to  this  empire, 
which  masquerades  at  one  time  with  the  softness  of 
parliamentary  reform  and  which  at  other  times  declares 
itself  in  favor  of  revolution  with  force,  according  to 
the  place  and  time. 


92  ALBANY 

"It  is  to  that  alien  state,  people  of  alien  races- 
pledged  to  the  destruction  of  this  government  and  its 
institutions — that  the  charges  say  that  these  men  be- 
long to  and  act  with.  It  is  not  a  geographical  state, 
Mr.  Chairman.  It  cannot  be  bounded  by  the  ocean  or 
the  seas.  It  cannot  be  bounded  by  territories.  It  can* 
not  be  bounded  by  the  landmarks  of  history;  but  it 
is  an  invisible  empire,  using  at  one  time  the  pretense 
of  persuasion,  and  at  another  time  the  threat  of  force 
or  violence,  according  as  the  law  of  the  country  per- 
mits it  to  do  so,  or  as  it  may  escape  the  vigilance  of 
the  laws.  It  does  it  in  churches;  it  does  it  in  public 
forums ;  yet  unblushingly  does  it  in  legislative  assem- 
blies; and  wherever  the  challenge  is  made,  it  escapes 
by  declaring  that  it  means  the  force  of  the  ballot.  Hav- 
ing used  the  violent  words  that  mean  revolution,  they 
declare  the  revolution  is  to  be  merely  a  revolution 
brought  about  by  persuasion. 

"That  is  the  state  to  which,  before  the  five  members 
had  ever  entered  into  this  chamber,  they  had  pledged 
their  fortune  and  honor  and  allegiance ;  and  that  alien 
state  is  the  invisible  empire  of  revolutionary  force, 
thrusting  itself  into  the  bosom  of  this  constitutional 
republic  and  daring  to  overthrow  this  government,  em- 
bodied, as  it  is,  in  the  organic  Constitution  of  the 
country;  doing  it  by  force  if  necessary;  perhaps  by 
peace,  if  possible. 

"That  is  the  program  that  is  charged,  Mr.  Chairman. 
It  is  the  Bolshevik  program,  a  wild  speculation.  And 
4t  is  done,  as  has  been  suggested,  to  determine,  in 
parliamentary  bodies  and  public  utterances,  the  forces 
that  lie  behind,  to  which  they  do  not  hesitate  to  pledge 
their  solidarity.  Said  Mr.  Stedman,  'May  we  not  ex- 
press our  sympathy  with  Russia?  May  we  not  pass  a 
resolution  in  sympathy  with  the  downtrodden  of  Rus- 
sia?'  That  is  not  what  the  charge  means,  and  that  is 


THE  INVISIBLE  EMPIRE  93 

not  what  the  charge  says.  Nobody  is  more  gifted  to 
see  or  more  experienced  to  understand  the  meaning  of 
that  charge  than  Mr.  Stedman." 

Defining  his  conception  of  constitutional  liberty, 
Mr.  Littleton  eloquently  declared  "that  ours  is  con- 
stitutional liberty."  He  went  on  to  charge  that  the 
five  Assemblymen  were  direct  agents  of  Lenine  and 
Trotsky,  saying: 

"It  is  because  Lenine  and  Trotsky,  acting  through 
these  agencies,  are  proposing  the  installation  of  the 
same  kind  of  government  in  constitutional  America 
that  they  have  inaugurated  in  Russia;  and  these  are 
the  agents  and  the  instructors,  according  to  the  charge, 
to  carry  out  the  program— some  to  do  it  in  their  par- 
liamentary bodies,  others  to  do  it  in  debates  in  halls, 
others  to  do  it  by  writing  books,  others  to  do  it  by 
proclamation  and  manifesto,  and  still  others  to  do  it 
when  the  time  shall  come  to  strike,  by  force,  as  has 
been  promised  by  the  leaders  of  that  particular  party. 
It  is  quite  a  different  thing  from  expressing  your  sym- 
pathy in  a  convention  for  downtrodden  Russia.  It  is 
a  little  different  program,  Mr.  Chairman,  and  the  evi- 
dence in  this  case  v/ill  disclose  that  these  members,  in 
conjunction  with  their  party,  have  tied  themselves  ir- 
revocably to  the  program,  and  they  use  the  word 
"program"  of  Mr.  Lenine  and  Mr.  Trotsky,  and  what 
they  have  inaugurated  in  Europe.  Let  us  be  patient 
and  see  what  Mr.  Lenine  and  Mr.  Trotsky  stand  for 
as  a  method  of  governing  in  Russia  and  in  every  other 
country,  including  this,  and  see  what  these  gentlemen 
are  endeavoring  to  further  as  a  part  of  the  program 
of  Mr.  Lenine  and  Mr.  Trotsky. 

"So  that  charge  involves,  I  should  say,  a  grave  ques- 
tion as  to  v/hether  these  men  pledged  to  an  alien  pol- 
icy and  to  do  it  masquerading  as  a  political  party,  can 
be  put  upon  trial  or  upon  a  hearing  or  investigation 


94  ALBANY 

in  a  legislative  Assembly,  and  see  whether  they  shall 
be  members  of  that  Assembly  and  can  take  the  oath  of 
office. 

"Mr.  Chairman,  this  is  the  proper  place,  and  surely 
this  is  the  suitable  environment,  to  remind  you  and 
your  associates  and  the  other  members  of  this  body 
present,  that  ours  is  a  government  of  constitutional  lib- 
erty ;  ours  is  a  definitive  creed  established  by  a  defini- 
tive instrument;  ours  is  not  an  Italian  liberty;  our  is 
not  a  French  liberty ;  ours  is  not  a  Slavish  liberty ;  ours 
is  not  an  Asiatic  liberty;  ours  is  a  constitutional  lib- 
erty, devised  by  the  finest  instruments  ever  devised 
by  the  wit  and  ingenuity  and  wisdom  of  men. 

"Ours  is  a  government,  a  constitutional  republic,  in 
the  center  of  whose  crown  is  the  jewel  of  the  Con- 
stitution. 

"Before  that  constitution  was  adopted,  when  the 
revolutionary  fathers  gathered  at  the  table  to  write  the 
greatest  proclamation  of  the  rights  of  man,  they  said, 
'We  hold  these  truths  to  be  self-evident,  that  all  men 
are  created  equal,  and  endowed  by  their  Creator  with 
certain  inalienable  rights,  among  which  are  life,  lib- 
erty, and  the  pursuit  of  happiness ;  that  to  secure  these 
rights,  governments  are  instituted  among  men,  de- 
riving their  just  powers  from  the  consent  of  the  gov- 
erned.' " 

Mr.  Littleton,  for  some  strange  reason,  did  not  finish 
the  sentence  quoted  from  the  Declaration  of  Independ- 
ence. The  balance  of  the  sentence  which  Mr.  Little- 
ton failed  to  read  refers  to  the  right  of  citizens  to  "alter 
or  abolish"  any  form  of  government  which  becomes 
destructive  of  life,  liberty,  or  the  pursuit  of  happiness. 
The  prosecution  never  explained  the  reason  for  this 
omission. 

After  reciting  what  he  deemed  to  be  the  ideals  of 
the  United  States,  Mr.  Littleton  went  on: 


THE  INVISIBLE  EMPIRE  95 

"Those  ideals  are  the  embodiment  of  the  Constitu- 
tion which  these  men  ought  to  have  been  able  to  take 
their  oath  and  support.  No  alien,  no  invisible  em- 
pire, having  one  corner  of  it  resting  in  the  heart  of 
Soviet  Russia,  another  corner  of  it  resting  on  the  shoul- 
ders of  the  Spartacides  in  Germany,  and  another  rest- 
ing somewhere  else,  to  which  you  swore  allegiance, 
but  to  this  country  and  to  this  standard,  and  to  no 
other  country  or  standard.  That  is  the  ideal  for  which 
we  take  the  oath  and  undertake  to  support. 

"Now  with  that  situation,  here  is  an  Assembly  or- 
ganized under  the  ideals  of  that  country  and  under  its 
constitution ;  and  the  question  here  is,  Mr.  Chairman, 
can  that  Assembly  inquire  into  whether  or  not  five 
of  its  members  are  disloyal  to  the  country,  have  fore- 
sworn themselves  and  given  their  allegiance  to  an  alien 
and  invisible  empire  and  placed  themselves  in  the 
hands  of  a  master  who  can  withdraw  them  from  this 
Assembly  when  he  chooses?  Can  such  a  deliberate 
body  as  this  make  that  inquiry,  and  finding  the  fact 
out,  can  it  expel  that  agency  from  this  body  before  the 
poison  has  contaminated  the  system? 

"And  yet  the  challenge  is  made  and  the  excuse  is 
made  that  the  declaration  in  April,  191 7,  against  this 
country  and  calling  the  war  criminal,  the  motive 
profiteering,  and  calling  it  a  war  which  was  conducted 
for  the  benefit  of  the  capitalist,  and  calling  on  every- 
body to  resist  every  agency  of  the  war  by  every  pos- 
sible means,  when  my  son  and  yours  were  at  the  front ; 
secretly  acting  and  giving  aid  and  comfort  to  the 
enemy  when  we  were  battling  for  the  ideals  of  oui^ 
fathers,  and  pledging  themselves  to  thwart  the  agents 
of  the  Republic  for  the  preservation  of  liberty ;  in  dark 
places  and  secret  ways,  and  writing  it  down  unblush- 
ingly  in  their  creed,  that  they  dare  get  in  front  of  the 
ideals  of  a  real  Republic  and  then  claim  the  right  to 


96  ALBANY 

sit  unblushingly  in  the  councils  of  that  country  and 
dictate  its  laws ! 

"Mr.  Hillquit  said  yesterday,  'What  may  be  treason 
to-day  may  be  the  law  of  the  land  to-morrow.*  It 
will  be  the  law  of  to-morrow  if  you  let  traitors  write 
the  law." 

Here  the  Speaker  got  a  salvo  of  applause.  Sum- 
marizing his  long  and  eloquent  address,  Mr.  Littleton 
concluded  by  saying : 

"What  is  the  charge  here?  That  these  men  belong- 
ing to  the  invisible  empire  of  the  Internationale,  whose 
agents  may  be  violent  or  peaceable,  according  as  the 
law  allows,  and  according  as  they  may  escape,  are  here 
acting  as  agents  of  Lenine  and  Trotsky,  not  to  estab- 
lish a  Soviet  republic  under  the  rotten  ruins  of  an  in- 
famous autocracy,  but  to  establish  a  Soviet  republic 
on  the  ruins  of  a  constitution  on  which  every  man  is 
pledged  by  every  ounce  of  his  blood  and  by  that  sol- 
emn vow  which  he  registered  in  Heaven  when  he 
entered  on  the  duties  of  his  office.  That  is  v/hat  the 
charge  is,  Mr.  Chairman.  Does  it  seem  innocuous  and 
harmless  when  thus  considered,  Mr.  Chairman?  Is  it 
the  soft  whisperings  of  this  and  seductive  cind  dis- 
paraging propaganda  of  peace  which  comes  and  talks 
about  the  white  philosophy  of  reform,  and  which  has 
behind  it  the  red  purposes  of  revolution?  Is  that  the 
kind  of  thing  we  are  accustomed  to? 

"Before  this  investigation  is  over,  and  before  the 
waves  which  have  been  stirred — the  waves  of  public 
opinion — have  finally  subsided — I  make  no  threat, 
but  I  make  a  prediction  that  this  country  v/ill  under- 
stand that  this  so-called  political  party,  masquerading 
as  a  political  party,  and  under  the  guise  and  name  of 
a  political  party,  is  the  agent  and  the  co-conspiration 
with  the  dark  forces  of  this  invisible  empire  whose  ob- 


THE  INVISIBLE  EMPIRE  97 

ject  is  forcible  destruction  of  constitutional  govern- 
ment in  America. 

"This  case  will  reach  further  as  time  goes  on,  and 
when  we  come  to  understand  that  everything  that  em- 
barrasses our  ideals  of  liberty  and  which  we  expect 
our  children  to  take  from  us  unimpaired;  everything 
which  came  to  us  as  the  product  of  these  illustrious 
men  to  whose  labor  and  genius  we  owe  everything 
we  have ;  when  we  understand  that  this  is  the  object 
of  the  deliberate  assault  of  these  men  waged  in  words 
of  peace,  when  compelled  to,  but  used  as  violence  and 
force  when  they  dare  to,  and  that  is  the  overthrow  of 
constitutional  liberty  in  America — I  say,  that  question, 
before  it  is  over,  will  arouse  this  country.  It  will  not 
be  a  tempest  in  the  teapot,  Mr.  Chairman.  It  will  be 
a  question  as  to  whether  they  can  hypocritically  mas- 
querade as  a  political  party  and  strike  hands  with 
every  agency  of  force  and  revolution,  and  still  make 
simple  American  people  understand  that  they  are  not 
sworn  enemies  of  their  country  and  ready  to  overthrow 
it.  That  question  will  yet  be  understood  and  must  be 
understood. 

"I  say,  therefore,  Mr.  Chairman,  the  charges  are  not 
innocuous,  that  the  charges  are  not  inadequate.  I  sub- 
mit that  these  charges  lay  upon  your  conscience  and 
upon  your  judgment  the  discharge  of  a  duty  to  your 
country  greater  than  any  other  duty  to  which  you 
have  been  sworn." 

Mr.  Littleton  finally  ended  his  flight  of  passionate 
ora,tory  by  saying: 

"Now  then,  they  come  as  the  apostles  of  another 
despotism.  No  longer  is  it  the  despotism  of  the  crown 
and  the  court  with  its  richness  and  glory.  No  longer 
is  it  the  paranoia  of  kings  and  the  emptiness  of  their 
allies  and  their  war  parties.  The  despotism  that  comes 
now,  that  is  riding  astride  the  invisible  empire  of 


98  ALBANY 

forces  on  which  these  gentlemen  expect  to  ride  into 
public  service  in  this  country,  that  is  no  longer  a  court 
or  a  crown,  or  a  Potsdam  or  San  Souci,  or  hereditary 
monarchy  or  a  king  strutting  proudly  in  the  thought 
that  he  had  some  inherited  right  to  rule;  it  is  a  new 
despotism,  Mr.  Chairman,  it  is  a  new  force;  it  is  the 
despotism  which  will  show  as  the  despotism  of  oli- 
garchy or  the  mob  instead  of  the  despotism  of  the 
kings.  It  was  against  the  despotism  of  a  king  that  our 
constitutional  liberties  were  established. 

"Our  father  said:  *A  plague  on  your  house, 
whether  the  power  shall  rise  from  below  by  those  who 
attempt  o  enslave  the  minority  or  the  majority  of  the 
country  by  compacted  force,  or  whether  it  shall  be 
claimed  to  have  come  from  above.' 

"That  intolerable  condition  of  hereditary  kings, 
wherever  it  came  from,  was  guaranteed  against  by 
our  fathers ;  it  is  the  blessing  of  our  institutions ;  it  is 
the  finest  attribute  of  government  of  any  nation  since 
the  world  began,  that  we  are  guaranteed  against  that 
invasion  of  force  and  the  destruction  of  our  liberties 
by  the  Constitution  of  the  country. 

"And  these  very  men  pretend  that  they  took  the 
oath  upon  their  lips  to  support  that  Constitution,  when 
we  will  show  that  by  everything  they  have  said,  and 
they  have  said  some  things ;  by  everything  they  have 
pledged,  and  they  have  pledged  some  things ;  by  every- 
thing they  have  acted,  and  they  have  acted  some 
things ;  and  by  everything  they  have  done,  they  are  in 
league  with  the  forces  of  dishonor  and  violence,  which 
are  pledged  to  the  destruction  of  that  countr}^  which 
you  and  I  and  every  loyal  American  reveres. 

"Now,  Mr.  Chairman,  I  say  that  the  charges  are 
complete  and  sufficient  to  answer  every  purpose  for  a 
lefriblative  body  to  find  out  v  hether  these  men  are  en- 
titled to  sit  in  it.     I  say  that  the  charge  is  brought 


THE  INVISIBLE  EMPIRE  99 

under  the  amplest  provisions  of  the  law  and  within 
justifiable  and  extensive  precedents.  I  say  the  whole 
matter  is  a  question  as  to  whether  we  come  to  grips 
now,  and  whether  what  we  say  is  true  or  not,  and  let 
everybody  answe:  freely  and  to  the  end  that  justice 
may  be  done." 

Mr.  Littleton's  address  was  greeted  with  loud  ap- 
plause from  the  audience,  many  members  of  which  ap- 
parently agreed  with  his  sentiments. 

Directly  after  Mr.  Littleton  concluded,  Mr.  Hill- 
quit,  of  the  defense,  was  on  his  feet.  He  showed 
signG  of  deep  resentment.  With  the  House  preserving 
a  tense  silence,  Mr.  Hillquit's  voice  rang  out  to  all 
corners  of  the  Chamber. 

"Mr.  Chairman,"  he  said,  "before  my  associate,  Mr. 
Stedman,  takes  up  the  reply  to  the  arguments  made  by 
Mr.  Littleton,  I  desire  to  make  a  very  brief  statement 
in  the  nature  of  a  personal  statement  bearing  on  a 
reference  made  by  Mr.  Littleton  to  something  I  said 
yesterday.  I  think  it  is  important  to  have  it  recti- 
fied. Mr.  Littleton  quoted  me  as  having  said  yester- 
day, that  what  is  treason  to-day,  may  become  the  law 
of  the  land  to-morrow.  He  added  very  eloquently  and 
effectively:  'It  will  become  the  law  of  the  land  if  the 
traitors  be  allowed  to  violate  the  law,'  with  the  in- 
ference that  it  is  the  duty  of  this  committee,  or  this 
Assembly,  to  see  to  it  that  those  whom  you  regard  as 
traitors  shall  not  be  given  a  part  in  the  writing  of  the 
law  of  this  State;  and  it  was  this  statement  of  all 
statements  which  invoked  applause  in  this  House,  to 
the  everlasting  shame  of  those  who  participated  in  the 
demonstration,  for  years  and  years  to  come;  for  I 
maintain,  Mr.  Chairman  and  gentlemen,  that  there  was 
no  more  reactionary,  no  more  un-American  statement 
ever  made  in  a  representative  Assembly  than  this  state- 
ment made  by  Mr,  Littleton." 


lOO  ALBANY 

Mr.  Littleton  interrupted:  "Is  that  a  correction  of 
my  statement?"  he  demanded. 

"It  was,"  Mr.  Hillquit  repHed. 

Mr.  Littleton  demanded,  "I  want  to  know  if  I  made 
any  misstatement  of  your  statement.  Did  I  not  quote 
you  correctly?" 

"You  have  absolutely  misconstrued  its  spirit,"  said 
Mr.  Hillquit.  "You  may  consider  that  as  you  please. 
You  have  drawn  conclusions.  I  have  stated  just  as 
you  quoted  me." 

At  this  point,  Mr.  Littleton,  his  face  flushed,  ad- 
vanced towards  Mr.  Hillquit,  and  shouted: 

"Mr.  Chairman,  I  am  not  going  to  have  any  state- 
ment on  this  record,  as  to  whether  I  stated  the  truth  or 
not,  any  question  as  to  whether  I  stated  the  truth  or 
not." 

To  this  Mr.  Hillquit  calmly  replied,  "I  admit,  Mr. 
Littleton,  that  you  have  quoted  me  absolutely  cor- 
rectly." The  House  applauded.  "I  say  further  that  I 
have  quoted  Mr.  Littleton  correctly." 

Mr.  Littleton  broke  in  again :  "I  did  not  say  you  had 
not  quoted  me  correctly." 

But  Mr.  Hillquit  was  not  to  be  put  down  by  the 
threatening  manners  of  Mr.  Littleton.  He  pursued  his 
argument : 

"There  was  a  time,  I  believe,  when  a  few  Americans, 
one  I  believe,  named  Patrick  Henry,  one  Thomas  Jef- 
ferson, and  a  few  more,  uttered  the  doctrine  that  this 
country,  or  these  colonies,  should  be  independent  from 
the  constituted  sovereignty,  England.  It  was  treason, 
Mr.  Littleton,  in  those  days.  It  was  treason  in  the 
sight  of  all  Tory  statesmen  and  politicians.  It  was 
treason  to  the  majority  of  the  people,  and,  Mr.  Lit- 
tleton, if  we  had  proceeded  as  you  v/anted  to  proceed, 
then  if  these  men  had  not  been  allowed  to  have  a  voice 
in  the  legislative  assemblies  or  in  the  councils  of  the 


THE  INVISIBLE  EMPIRE  loi 

nation,  this  glorious  country,  whose  flag  you  so  fre- 
quently wave,  would  now  be  an  insignificant  colony 
of  Englajid. 

"There  was  a  time  when  a  certain  William  Lloyd 
Garrison  proclaimed  the  doctrine  which  was  absolutely 
revolutionary,  absolutely  treasonable,  in  those  days — 
the  doctrine  of  depriving  a  substantial  class  of  prop- 
erty, of  sacred  property,  in  slaves.  It  was  treason,  and 
they  were  called  traitors.  There  were  very  eloquent 
attorneys  for  the  vested  interests  in  those  days  also. 
If  those  characterized  as  traitors  had  not  been  allowed 
a  voice  in  our  government  and  our  institutions ;  if  they 
had  not  been  allowed  to  voice  their  'traitorous'  policies 
and  philosophies,  chattel  slavery  would  still  disgrace 
this  country  to-day. 

"Now,  we  have  a  right  to  hold  our  opinions  about 
the  welfare  of  this  nation  and  every  nation,  no  matter 
how  anybody  else,  no  matter  how  our  opponents,  con- 
sider our  views. 

"Just  as  those  that  I  have  mentioned  preached  in 
other  times  political  freedom  and  against  the  imposi- 
tion of  slavery,  so  we  are  teaching  to-day  economic 
freedom,  emancipation  of  the  working  class,  and  of  the 
whole  community.  It  sounds  treacherous  and  traitor- 
ous to  you.  Maybe  it  does.  But  it  is  our  good  right 
to  hold  those  doctrines,  and  you  are  not  our  judges  any 
more  than  we  are  yours." 

Pointing  a  finger  directly  at  Mr.  Littleton,  Mr. 
Hillquit  concluded: 

"What  we  want  you  to  do  is  to  say,  and  say  it  in 
your  own  way,  whether  or  not  you  claim  the  right  to 
dictate  our  political  conscience  or  not  and  it  is  on  that 
that  we  want  arguments.  Remember,  gentlemen,  at 
all  times  the  'Star  Spangled  Banner'  is  a  beautiful 
and  inspiring  hymn,  but  it  is  not  a  legal  argument  in 


102  ALBANY 

a  case  of  such  grave,  tremendous  and  vital  importance 
as  the  one  presented  to  you." 

Mr.  Stedman,  for  the  defense,  made  reply  to  Mr.  Lit- 
tleton, and  was  followed  by  Judge  Sutherland,  of  the 
prosecution.  The  latter  ended  his  short  address  by  the 
plea :  "Let  us  have  the  opportunity,  sir,  to  present  our 
evidence." 

Chairman  Martin,  true  to  form,  wished  "the  record 
to  show  that  the  motion  to  dismiss  on  the  grounds  of 
insufficiency  of  the  papers  is  denied." 

The  echoes  of  his  speech  about  the  "invisible  em- 
pire" had  hardly  died  away  when  Mr.  Littleton,  who 
had  pleaded  so  eloquently  for  liberty  "as  a  free  Ameri- 
can to  go  where  he  pleased,"  now  announced  that  he 
would  have  to  ask  to  be  excused  from  further  service 
because  he  was  due  at  the  trial  in  Michigan  of  United 
States  Senator  Newberry.  Having  done  what  he  could 
to  point  out  the  justice  of  unseating  the  five  Socialists, 
Mr.  Littleton  now  felt  it  his  duty  to  go  to  the  defense 
of  a  millionaire  politician,  whom  his  State  had  accused 
of  corrupt  practices  and  illegal  methods  in  procuring 
his  election  to  the  United  States  Senate. 

The  Chairman  had  the  habit  of  denying  all  motions 
and  all  the  requests  as  made  by  the  defense,  but  he 
promptly  granted  Mr.  Littleton's  request,  saying: 
"The  record  may  so  state." 

The  spectacle  of  Mr.  Littleton,  having  assisted  in 
the  proposed  permanent  unseating  of  the  five  Social- 
ists, none  of  whom  was  accused  of  any  personal  of- 
fense against  the  law,  rushing  off  to  Michigan  for  the 
purpose  of  preventing  the  unseating  of  a  man  charged 
with  gross  violations  of  the  law,  and  since  convicted, 
appealed  to  many  persons  in  the  audience  as  amusing, 
and  considerable  quiet  laughter  was  heard.  The  more 
simple-minded  spectators,  particularly  those  who  ap- 


THE  INVISIBLE  EMPIRE  103 

plauded  his  remarks,  seemed  shaken  in  their  faith  in 
the  sentiments  expressed  by  his  patriotic  outburst. 

Having  seen  all  their  motions  denied,  the  Socialists 
now  faced  their  accusers  and  demanded  a  bill  of  par- 
ticulars stating  specifically  what  they  were  charged 
with. 

Mr.  Block,  for  the  defense,  insisted  that  it  was  a 
matter  of  common  right  for  every  criminal  before  he 
proceeded  to  trial  to  have  his  accusers  state  definite 
charges  against  him.  Only  in  that  way  could  he  pre- 
pare his  defense,  and  in  no  other.  The  Socialists  de- 
manded nothing  more  than  the  right  accorded  to  the 
commonest  criminal,  he  said.  They  wanted  to  know 
when  and  how  they  had  advocated  any  change  in  the 
form  of  government  or  any  reforms  in  our  institutions 
by  force  and  violence.  They  insisted  that  they  could 
not  possibly  be  expected  to  prepare  a  defense  if  they 
were  constantly  to  be  surprised  by  the  prosecution 
constantly  bringing  in  new  matter. 

Mr.  Block's  motion  was  forceful,  fair,  and  appealed 
to  the  sense  of  justice  of  every  one  in  the  house.  Dur- 
ing Mr.  Block's  argument,  the  Chairman  showed  signs 
of  uneasiness.  He  knew  what  he  was  expected  to  do, 
and  yet  as  a  lawyer  he  recognized  the  justice  and  le- 
gality of  the  demand.  His  decision  in  denying  the 
motion  was  indirect  and  foreshadowed  the  "fishing  ex- 
pedition" in  which  the  prosecution  was  about  to  re- 
solve itself.    He  said : 

"I  can  see  that  you  are  bound  by  the  hard  and  fast 
rule  of  a  legal  proceeding,  compelling  a  bill  of  particu- 
lars, by  which  the  whole  investigation  would  be  con- 
fined to  such  narrow  channels  that  it  could  not  give 
the  desired  results  to  every  one." 


CHAPTER  VII 

THE  PROSECUTION'S  "EVIDENCE" 

In  introducing  the  evidence  upon  which  it  hoped  to 
convict  the  five  Socialists  the  prosecution  made  the 
world  its  field.  It  attempted  to  make  all  authors  of 
Socialist  literature  co-conspirators  with  the  five  As- 
semblymen. Every  man  who  had  ever  uttered  or  writ- 
ten a  view  upon  any  social  or  political  question  that 
clashed  with  the  views  held  by  the  prosecution  was 
placed,  so  to  speak,  on  trial  with  the  Socialists.  In  its 
endeavor  to  procure  material  that  v/ould  prejudice  the 
case  of  the  Socialists,  the  prosecution  ranged  from 
Moscov/,  Russia,  to  Rochester,  N.  Y. ;  from  the  utter- 
ances of  Lenine  and  Trotsky,  in  1920,  to  the  conviction 
of  John  Most,  the  anarchist,  some  twenty  years  ago, 
the  only  connection  of  which  with  the  Socialist  case 
was  the  fact  that  Mr.  Hillquit  was  Most's  attorney. 
Counsel  for  the  Committee  brought  forth  works  ob- 
tained from  obscure  book  stores  and  produced  volumes 
issued  by  unknown  publishers ;  they  produced  procla- 
mations and  platforms  which  have  been  distributed  by 
the  hundred  thousand  to  prove  the  "secretive  and  con- 
spirative"  works  of  the  Socialist  party;  they  intro- 
duced into  the  record  the  utterances  of  soap-box  ora- 
tors and  the  writings  of  forgotten  commentators  on 
Socialist  party  tactics,  dating  back  years  before  the 
accused  Assemblymen  had  even  become  members  of 
the  Socialist  party;  in  fact,  not  content  with  "evi- 
dence" bearing  upon  the  activities  of  the  Socialist 

104 


THE  PROSECUTION'S  "EVIDENCE''  105 

party  in  the  United  States,  they  actually  introduced  a 
pamphlet  published  by  the  British  Socialist  party  deal- 
ing with  religious  questions,  and  sought  to  fasten  its 
contents  upon  the  five  accused  Assemblymen. 

On  the  admission  of  witnesses  under  oath,  of  all  wit- 
nesses in  fact,  none  of  the  testimony  which  they  gave 
had  ever  been  communicated  to  the  Speaker  or  to  any 
one  else  connected  with  the  prosecution  until  after  the 
suspension  had  taken  place.  As  the  trial  proceeded  it 
became  plain  that  the  Speaker  had  not  had  a  scintilla 
of  evidence  at  the  time  he  urged  the  Czarlike  action 
that  threatened  the  republican  form  of  government  it- 
self. It  became  evident  that  after  the  suspension  had 
been  consummated,  the  Speaker  had  used  all  the  re- 
sources of  the  Empire  State  to  procure  evidence  which 
would  justify  his  course  of  procedure. 

With  the  introduction  of  evidence  and  the  arrival  of 
witnesses,  the  House  was  honeycombed  with  spies  and 
detectives.  This  was  also  true  of  the  hotels  where  the 
defendants  were  lodging.  Neither  they  nor  their  coun- 
sel could  go  out  without  being  trailed  by  spies.  All 
this  was  at  the  expense  of  the  State. 

The  first  witness  introduced  was  a  policeman  from 
Rochester,  New  York.  He  testified  that  he  had  bought 
a  little  red  book  from  a  man  named  Miller  who  was 
selling  literature  in  that  city.  The  prosecution  placed 
much  stress  upon  the  color  of  the  cover — red.  Any- 
thing of  a  reddish,  scarlet  or  crimson  color  to  their 
minds  seemed  indicative  of  blood  violence,  and  rapine. 

In  fact,  at  a  later  time,  Senalor  Elon  R.  Brown,  for 
the  prosecution,  in  an  attempt  to  fasten  the  "advocacy 
of  violence"  upon  the  five  Socialists,  referred  to  a 
speech  by  Eugene  V.  Debs,  in  which  the  '^tter,  after 
being  presented  with  a  bouquet  of  crimson  howers  by 
a  little  girl,  had  praised  her  and  her  gift  by  comparing 
the  flowers  to  the  "spring-time  of  revolution."    The 


io6  ALBANY 

Senator  dramatically  demanded  to  know :  "What  could 
Debs  have  meant  by  that  statement?"  And  then  he 
explained  it  himself:  "Why,  he  meant  BLOOD!" 

A  translator  in  the  employ  of  the  Lusk  Committee 
was  placed  upon  the  stand.  At  the  very  outset,  coun- 
sel for  the  defense  strenuously  objected  to  the  intro- 
duction of  a  booklet  not  written  by  any  one  of  the  five 
members,  not  distributed  or  sold  by  them,  and  not  re- 
vealing that  they  had  ever  been  apprised  of  its  con-, 
tents  or  approved  of  by  them.  It  was  pointed  out  that 
these  five  men  should  not  be  held  responsible  for  what 
any  author  may  have  written  on  any  subject  and  sold 
in  any  bookshop. 

To  this,  Mr.  Stanchfield,  for  the  prosecution,  laid 
down  a  theory  concerning  the  introduction  of  evidence 
which  was  as  remarkable  as  it  was  novel.  He  stated 
this  theory  as  follows : 

"EVERY  PAMPHLET,  EVERY  DECLARA- 
TION, EVERY  SPEECH,  EVERY  STATEMENT 
OF  EVERY  MAN  WHO  IS  AFFILIATED  WITH 
OR  BELONGED  TO  THAT  PARTY,  NOT 
NECESSARILY  IN  A  TECHNICAL  SENSE  OF 
BELONGING  TO  IT,  BUT  EVERYBODY  WHO 
UPHOLDS  THOSE  CLAIMS,  WHO  SUPPORTS 
THOSE  PRINCIPLES,  WHO  STANDS  UPON 
THAT  PLATFORM,  IS  BOUND  BY  THE 
SPEECHES,  THE  SENTIMENTS,  THE  WRIT- 
INGS, THE  BOOKS,  THE  PUBLICATIONS  OF 
EVERY  OTHER  MAN  AFFILIATED  V/ITH 
THAT  ASSOCIATION,  WHETHER  THEY 
WERE  PRESENT  AT  THE  TIME,  WHEN  IT 
WAS  MADE  OR  WHEN  THEY  WERE  UT- 
TERED, OR  WHETHER  THEY  WERE  AB- 
SENT." 

Chairman  Martin,  considering  this  theory  sound, 
ruled  in  favor  of  Mr.  Stanchfield's  contention.  He  re- 
peated the  slogan  which  later  was  to  become  almost 


\ 


THE  PROSECUTION'S  "EVIDENCE"  107 

monotonous  during  the  rest  of  the  trial:    "Well,  let 
it  in  for  what  it's  worth." 

This  phrase  became  a  by-word  in  Albany  during  the 
trial.  It  became  the  habit  of  men  in  the  street  to  say 
to  each  other  in  passing,  apropos  of  nothing,  "Well, 
let  it  in  for  what  it's  worth." 

The  red  booklet  was  therefore  let  in,  and  the  trans- 
lator was  permitted  to  read  his  English  translation. 
Mr.  Hillquit,  for  the  defense,  then  demanded  the  origi- 
nal booklet.  It  proved  to  have  been  printed  in  Yid- 
dish. It  was  found  that  the  alleged  "correct  trans- 
lation" consisted  only  of  those  parts  and  extracts 
which  would  serve  the  prosecution's  purpose.  Counsel 
for  the  defense,  in  looking  over  the  booklet,  found  that 
it  consisted  simply  of  a  discussion  of  two  theories  pre- 
vailing within  the  Socialist  movement,  one  advocating 
the  "dictatorship  of  the  proletariat"  as  a  means  for  the 
attainment  of  Socialism  and  the  other  "constitutional 
methods." 

The  introduction  of  this  booklet  was  intended  to  be 
the  prosecution's  opening  sensation,  but  it  proved  to 
be  a  boomerang. 

On  cross-examination,  the  witness  admitted  that  he 
was  in  the  employ  of  the  Lusk  Committee.  He  was 
asked :  "What  were  you  told  when  you  got  the  book- 
let?" 

He  answered :  "Just  simply  to  look  it  over,  and  use 
my  own  judgment  as  to  it " 

Mr,  Hillquit  interrupted:  "As  to  what?" 

"As  to  translating  what  was  vital,"  was  the  wit- 
ness's reply. 

"As  to  translating  v/hat  was  vital,  and  for  what  pur- 
pose?" asked  Mr.  Hillquit. 

"For  the  purpose  of  submitting  it  as  evidence,"  said 
the  witness. 

"For  the  purpose  of  submitting  it  as  evi:^.e.nce 
against  whom?"  the  attorney  asked. 


io8  ALBANY 

"Against  Socialism,"  was  the  witness's  confused  an- 
swer^  ^ 

~  "Then  you  were  given  this  pamphlet  by  a  represen- 
tative of  the  Lusk  Committee  with  the  general  direc- 
tions to  translate  such  portions  that  would  serve  as 
evidence  against  Socialism?" 

"Yes,  sir,"  was  the  witness's  prompt  reply. 

This  admission  was  received  with  a  buzz  of  com- 
ment on  the  part  of  the  spectators.  The  newspaper 
correspondents  began  their  stories  for  the  next  day  by 
calling  this  part  of  the  prosecution's  evidence  a  "frame- 
up." 

Mr.  Hillquit  finally  asked:  "Then  you  were  looking 
for  such  portions  as  would  support  the  contentions 
that  Socialism  preaches  violence,  is  that  it?" 

"Absolutely,"  was  the  witness's  emphatic  reply,  to 
the  great  amazement  of  Chief  Counsel  Stanchfield  of 
the  prosecution  and  the  members  of  the  Judiciary 
Committee. 

Many  other  witnesses  were  then  called  to  the  stand, 
but  the  star-performer,  the  thriller  of  the  trial,  was  a 
young  anaemic-looking  girl,  Ellen  C.  Chivers,  of 
Brooklyn.  The  entrance  of  this  witness  was  dramatic- 
ally staged. 

Up  to  now,  the  sensation  promised  by  Speaker 
Sweet  and  his  trained  troupe  of  publicity  agents  had 
not  materialized.  The  Speaker  saw  that  he  could  not 
hold  the  recalcitrants  in  line  and  prevent  them  from 
demanding  the  reseating  of  the  Socialists  unless  he 
produced  the  promised  evidence.  Therefore,  the  en- 
trance of  this  young  lady  witness  was  of  importance. 
Twice  before  her  actual  appearance,  Mr.  Stanchfield 
loudly  demanded  to  know  whether  she  was  in  the 
Chamber.  The  crowded  house  became  all-expectant 
as  to  who  Miss  Chivers  was.  Finally  the  lady  was 
"found."    On  her  taking  the  stand,  Mr.  Stanchfield,  be- 


THE  PROSECUTION'S  "EVIDENCE"  109 

fore  she  had  uttered  a  word,  said  in  paternal  fashion : 

"Speak  up  as  distinctly  as  you  can,  because  the  men 
that  are  on  either  side  of  me  are  interested  in  what  you 
say.    First,  how  old  are  you?" 

The  girl  in  a  childish  voice  replied  that  she  would 
be  eighteen  next  month.  She  said  she  was  a  stenog- 
rapher in  Manhattan  and  lived  in  Brooklyn.  She  testi- 
fied she  had  known  Mr.  Solomon,  one  of  the  accused 
Assemblymen,  by  sight,  since  191 7.  She  had  heard 
him  speak,  she  said,  on  the  corner  of  Ninth  Street  and 
Sixth  Avenue,  Brooklyn. 

The  corner  that  Miss  Chivers  referred  to  is  situated 
in  a  strong  Catholic  neighborhood  and  is  surrounded 
by  one  of  the  most  conservative  populations  in  the  city 
of  Brooklyn. 

Asked  as  to  the  time  when  she  heard  Mr.  Solomon 
speak.  Miss  Chivers  in  a  monotonous  tone,  replied 
that  she  "judged  about  the  early  part  of  April  or  the 
first  part  of  May,  191 7."  Mr.  Stanchfield  then  asked 
what  it  was  that  attracted  her  attention  to  Mr.  Solo- 
mon.   She  replied : 

"I  remember  that  in  the  summer  of  191 7,  about  the 
latter  part  of  April  or  the  first  part  of  May,  that  there 
was  a  detachment  of  soldiers  came  to  Ninth  Street  and 
Sixth  Avenue  for  the  purpose  of  calling  for  volun- 
teers, and  they  asked  Mr.  Solomon  if  they  might  bor- 
row his  platform  for  that  purpose.  Mr.  Solomon  re- 
plied: 'Lend  you  my  platform?  Can  you  borrow  my 
platform?    Huh,  the  gutter  is  good  enough  for  you.'  '* 

A  hush  fell  upon  the  house.  It  seemed  that  the  long 
awaited  sensation  had  come. 

Mr.  Stanchfield,  in  a  stage  whisper,  then  tenderly 
addressed  the  witness :  "Now,  was  that  all  that  he  said 
at  the  time?" 

The  girl's  reply  was: 

"He  said,  'If  we  had  our  way,  there  would  not  be 


no  ALBANY 

any  one  who  would  ask  the  Socialists  if  they  might 
borrow  their  platform  to  call  for  volunteers.'  He  con- 
tinued to  say,  'I  would  not  let  you  wipe  your  dirty 
feet  on  it.' " 

"Did  he  give  up  the  platform  to  this  man?"  asked 
Mr.  Stanchfield. 

"He  did  not,"  said  the  witness. 

"What  happened  after  that  conversation  took 
place?"  she  was  asked. 

"The  officer  in  charge  of  that  detachment,"  said  the 
witness,  "spoke  from  the  jitney  on  which  they  had 
come,  and  told  them  to  obtain  the  number  of  recruits 
they  could  and  went  their  way." 

The  girl's  assertion  that  a  detachment  of  soldiers, 
a  month  after  war  had  been  declared,  had  quietly  ac- 
cepted such  an  insult  from  a  Socialist  speaker  and  had 
then  "gone  their  way"  evoked  astonishment  on  the 
part  of  the  spectators.  They  were  visibly  affected, 
whispering  among  themselves  and  exchanging  glances. 

After  a  pause,  Mr.  Stanchfield  resumed:  "Now,  at 
a  later  period,  a  band  of  music  came  along?" 

"There  was,"  answered  the  witness. 

"Was  Mr.  Solomon  still  speaking?" 

"Yes." 

"What,  if  anything,  did  the  band  do?"  asked  the 
lawyer. 

"The  band  struck  up  the  tune  to  the  'Star  Spangled 
Banner,'  "  replied  the  witness,  with  emphasis. 

"And  what  then  occurred?"  queried  the  chief  coun- 
sel for  the  prosecution. 

Here  the  witness  drew  herself  up,  took  a  long 
breath,  and  said  with  a  flourish : 

"Mr.  Solomon  turned  up  his  coat  collar,  put  down 
his  hat,  and  pulled  it  over  his  eyes,  spit  on  the  Ameri- 
can flag  and  sat  down." 

On  cross-examination  by  Mr.  Stedman,  the  girl  then 


THE  PROSECUTION'S  "EVIDENCE"  in 

admitted  that  she  had  spent  the  whole  Sunday  previ- 
ous at  the  Prince  George  Hotel,  New  York  City,  talk- 
ing to  two  members  of  the  prosecution's  legal  staff. 
Under  further  questioning,  Miss  Chivers  admitted  that 
several  hundred  persons  were  present  at  the  time  she 
declared  Assemblyman  Solomon  had  expectorated  on 
the  American  flag,  including  three  policemen.  She  de- 
clared that  the  police  were  just  in  front  of  the  Assem- 
blyman at  the  time.  None  of  the  policemen  made  any 
protest,  she  testified.  She  said  that  she  had  not  said 
anything  about  Assemblyman  Solomon's  actions  from 
the  time  she  alleged  it  had  been  committed  up  to  the 
time  that  she  wrote  to  Speaker  Sweet,  a  few  days  after 
the  suspension  had  taken  place.  On  further  question- 
ing the  witness  declared  she  would  be  eighteen  years 
old  within  a  month,  but  at  the  time  Assemblyman 
Solomon  desecrated  the  flag,  in  April  or  May,  191 7, 
she  believed  she  was  "nearly  seventeen  years  old.'* 
Her  memory  on  this  point  was  fixed.  She  said  she 
was  a  member  of  the  "American  Anti-Socialist 
League"  of  Brooklyn,  which  she  joined  in  1918. 

When  Miss  Chivers  left  the  stand,  her  departure 
from  the  Chamber  was  not  quite  as  dramatic  as  her 
entrance. 

Later,  a  captain  of  the  New  York  police  force  and  a 
patrolman,  both  of  whom  had  been  present  at  the 
meeting  referred  to  by  Miss  Chivers,  testified  that  Mr. 
Solomon  had  never  said  what  he  was  charged  with 
saying,  or  done  what  he  was  charged  with  doing. 

If  it  was  intended  that  Miss  Chivers  was  to  be  the 
star-shell  for  the  prosecution,  there  was  now  brought 
in  a  person  whom  they  deemed  to  be  nothing  less  than 
a  heavy  gun.  He  was  Peter  W.  Collins,  a  lecturer 
hired  by  the  Knights  of  Columbus  for  the  purpose  of 
opposing  Socialism.  After  qualifying  as  an  "expert," 
Mr.  Collins  was  asked  to  explain  certain  passages  in 


112  ALBANY 

the  Socialist  Party  documents  adopted  at  their  regu- 
lar convention.  Mr.  Collins  "explained"  numerous 
lengthy  passages  from  such  Socialist  documents  to  the 
entire  satisfaction  of  the  prosecution.  He  was  given 
wide  latitude  as  to  the  nature  of  his  testimony. 

At  one  time  when  Mr.  Stedman  of  the  defense  ob- 
jected to  the  alleged  quotation  of  such  passages  from 
the  Communist  Manifesto  as  not  binding  upon  the  five 
Socialist  Assemblymen,  the  Chairman  promptly  ruled 
that  such  extracts  were  of  interest  to  this  trial,  be- 
cause the  opinions  of  Karl  Marx,  the  author  of  the 
Communist  Manifesto,  were  those  in  which  these  men 
believed.  But  at  another  time  when  Mr.  Collins  was 
asked  by  Mr.  Stedman  to  explain  "surplus  value"  as 
understood  by  Marx,  the  Chairman  relieved  the  em- 
barrassment of  Mr.  Collins  by  ruHng:  "We  are  not 
interested  in  that  old  man,  Marx,  or  in  his  ideas  of 
forty  years  ago." 

Mr.  Collins'  text  as  regards  Marx  was  David  Gold- 
stein's book.  Mr.  Goldstein  is  well-known  as  a  Cath- 
olic convert  and  paid  speaker  against  Socialism. 

On  cross-examination,  Mr.  Collins  explained  that  his 
expert  knowledge  of  Socialism  came  from  his  intimate 
acquaintance  with  "thousands  of  Socialists."  His 
knowledge  of  the  Socialist  attitude  on  religion  and 
marriage  came  from  his  contact  with  "hundreds  of 
Socialists  in  the  lobby  of  the  Rand  School  at  New 
York." 

For  example,  Mr.  Collins  quoted  from  the  last  para- 
graph of  the  Communist  Manifesto  so  as  to  make  one 
sentence  read:  "Let  the  ruling  classes  tremble  at  a 
Socialist  revolution." 

Mr.  Stedman  jumped  to  his  feet,  demanding  to  know 
if  the  word  "Sociahst"  was  actually  in  the  paragraph 
just  read.     The  witness  replied,  "No,  sir,  every  one 


THE  PROSECUTION'S  ''EVIDENCE"  113 

knows  that  Communism  and  Socialism  is  exactly  the 
same  thing." 

But  Mr.  Stedman  replied,  "I  did  not  ask  you  that. 
I  was  asking  the  integrity  of  your  reading." 

Mr.  Collins  was  on  the  witness  stand  for  three  half 
days,  and  the  prosecution  learned  all  about  Socialism 
from  this  witness.  Mr.  Collins  did  not  at  any  time 
claim  any  personal  acquaintanceship  with  any  of  the 
five  Socialists  under  suspension,  nor  did  any  of  them 
know  him.  He  was  put  on  the  stand  simply  to  estab- 
lish an  alleged  "state  of  mind"  on  the  part  of  the  ac- 
cused Assemblymen. 

The  range  of  Mr.  Collins'  testimony  may  be  judged 
from  the  last  question,  which  Assemblyman  Cuvillier, 
who  earned  the  reputation  for  himself  during  the  trial 
as  being  the  "unsilenceable  Assemblyman,"  asked 
whether  the  witness  knew  where  Victor  L.  Berger,  the 
Socialist  Congressman-elect,  was  born.  To  the  an- 
swer that  he  thought  Mr.  Berger  was  born  somewhere 
in  Austria,  Mr.  Cuvillier  said,  "That's  all,  that's  all," 
and  turned  from  his  chair  with  a  triumphant  glance 
at  the  audience. 

Of  the  numerous  witnesses  called  by  the  prosecu- 
tion, some  were  the  defeated  opponents  of  the  five  As- 
semblymen in  the  previous  election,  others  were  mem- 
bers of  the  National  Security  League,  and  still  others 
were  members  of  New  York  City's  police  force  who 
testified  that  some  of  the  Assemblymen  had  taken 
part  in  strike  activities. 

The  audience  in  the  Assembly  Chamber  which  in- 
cluded citizens  from  Albany  and  near-by  towns,  which 
at  first  had  been  openly  hostile,  became  more  and  more 
friendly  as  the  prosecution  developed  its  case,  with 
the  result  that  by  the  time  the  last  witness  for  the  ac- 
cusers had  stepped  down  from  the  stand,  they  were 
asking  for  Socialist  literature. 


CHAPTER  VIII 

THE  DEFENSE  OPENS— THE  SOCIALISTS 
AND   THE   LEAGUE   OF  NATIONS 

On  Monday,  February  17,  the  defense  opened  its 
case.  Public  interest,  v/hich  had  fallen  to  a  low  ebb 
on  account  of  the  dry  and  tedious  nature  of  the  testi- 
mony introduced  by  the  prosecution,  was  now  raised 
to  high  tide  again.  The  Assembly  Chamber  again  be- 
came crowded  to  capacity.  The  newspaper  corre- 
spondents who  had  left  came  back.  The  trial  once 
again  took  on  an  appearance  cf  life  and  interest. 

The  first  witness  called  by  the  defense  was  Morris 
Hillquit,  its  chief  counsel.  Direct  examination  was 
conducted  by  Mr.  Stedman. 

Mr.  Hillquit's  appearance  on  the  witness  stand  was 
a  surprise  to  the  prosecution.  It  was  highly  pleasing 
to  the  audience,  which  by  now  had  become  eager  to 
hear  something  authoritative  concerning  Socialism. 
Even  counsel  for  the  prosecution  appeared  deeply  in- 
terested. They  left  their  accustomed  seats  and  drew 
up  chairs  close  around  Mr.  Hillquit,  with  the  intention 
of  not  missing  a  word.  In  fact,  Mr.  Hillquit  was,  by 
virtual  unanimous  consent,  given  the  center  of  the 
stage.  For  three  days  he  kept  the  stand,  his  testi- 
mony becoming  more  like  the  remarks  of  a  professor 
addressing  his  class  than  a  witness  called  in  a  trial  in- 
volving a  political  struggle. 

Mr.  Hillquit  qualified  as  an  expert  witness  on  Social- 
ism, on  Socialist  theory,  and  on  the  status  of  the 
American  Socialist  Party  in  the  Internationale.  No 
question  was  raised  as  to  Mr.  Hillquit's  right  so  to 

114 


THE  DEFENSE  OPENS  115 

speak,  because  of  his  long  experience  in  the  Socialist 
movement.  He  was  one  of  the  founders  of  the  Social- 
ist Party  of  the  United  States,  he  served  for  a  long 
time  as  International  Secretary,  he  is  the  author  of  a 
number  of  books  on  Socialism  and  the  Socialist  move- 
ment, and  since  the  creation  of  that  office,  has  been 
chairman  of  the  National  Executive  Committee  of  the 
Socialist  Party.  He  testified  to  his  ability  to  read  and 
speak  several  different  languages,  including  English, 
French,  Italian,  Russian,  German,  together  with  some 
Spanish  and  Dutch.  He  spoke  very  clearly  and  con- 
cisely and  was  listened  to  with  the  keenest  attention. 

Mr.  Hillquit  gave  a  clear  exposition  of  the  workings 
of  the  various  Internationales  of  the  Socialist  parties 
of  the  world  since  1864.  On  this  point,  he  made  it 
clear  that  the  Internationale  was  not  in  the  least  the 
rom.antically  devilish  "Invisible  Empire"  that  the 
prosecution  had  attempted  to  make  it  appear.  He  ex- 
plained that  the  various  Socialist  parties  of  the  world 
enjoy  absolute  autonomy  within  their  respective  ter- 
ritories and  are  not  bound  in  any  manner  by  the  rules 
adopted  by  the  Internationale.  Each  country  pursues 
policies  and  tactics  suited  to  the  political  and  economic 
conditions  prevailing  in  each  country  at  the  time. 

After  describing  the  various  phases  of  Socialist 
philosophy,  the  witness  was  asked  by  the  Chairman, 
Mr.  Martin,  to  explain  the  attitude  of  the  Socialist 
Party  on  the  League  of  Nations. 

Mr.  Hillquit  replied,  "It  gives  me  exceptional  pleas- 
ure to  answer  that." 

"Not  as  great  pleasure  as  to  hear  you,"  remarked 
Mr.  Conboy,  of  the  prosecution,  graciously. 

Mr.  Hillquit  then  began : 

"Mr.  Collins's  statement  that  the  Socialists  are  op- 
posed to  the  institution  of  the  League  of  Nations  is 


ii6  ALBANY 

absolutely  false,  because,  if  anything,  the  Socialists 
pride  themselves  upon  being  the  first  ones  to  formulate 
and  to  demand  the  institution  of  a  pure  league  of  na- 
tions. Socialists  to-day  are  enthusiastic  adherents  of 
the  league  of  nations  idea  and  philosophy.  But  they 
are  utterly  opposed  to  the  concrete  program  of  the  so- 
called  League  of  Nations  adopted  at  Paris.  They  are 
opposed  to  that  so-called  League  of  Nations  because 
they  are  in  favor  of  a  true  League  of  Nations.  The 
Socialists'  idea  of  a  League  of  Nations  is,  briefly  speak- 
ing, this : 

"The  office  of  the  League  of  Nations,  if  it  is  to  be  a 
real  League  of  Nations,  is  to  do  away  with  wars  among 
nations;  and  consequently  the  composition,  the 
machinery,  the  entire  make-up  of  the  League  must  be 
directed  toward  that  end,  that  is,  the  abolition  of 
wars.  That  means,  in  the  first  place,  that  such  a 
League  of  Nations,  by  its  Constitution,  should  pro- 
ceed to  abolish  the  principal  causes  of  wars  among  na- 
tions. By  that  we  mean  that  the  causes  of  war  among 
the  different  nations  have  undoubtedly  been  very 
largely  commercial.  That  is  not  said  by  way  of  re- 
proach, but  by  way  of  statement  of  indisputable  fact. 

"I  may  mention,  by  the  way,  that  in  his  very  latest 
pronouncement  upon  the  subject.  President  Wilson 
has  taken  the  same  stand  with  reference  to  the  last 
war.  Now,  these  causes  are  the  following:  In  every 
advanced  nation,  the  dominating  or  capitalist  class 
reaches  a  point  where  the  resources  and  facilities  of 
their  own  country  are  insufficient  for  their  economic 
or  commercial  development.  All  countries,  v/ith  very 
few  exceptions,  need  raw  materials,  all  of  which  they 
cannot  get  on  their  native  soil.  They,  therefore,  must 
have  access  to  raw  materials  in  foreign  countries, 
usually  less  developed  countries.  In  order  to  do  that, 
they  embark  upon  a  colonial  policy,  that  is,  try  to  con- 


THE  DEFENSE  OPENS  117 

quer  and  hold  colonies  and  monopolize  the  products 
of  such  colonies  for  themselves. 

"They  also  strive  to  secure  certain  special  spheres  of 
influence.  For  instance,  China  is  partitioned — a  cer- 
tain part  is  for  the  English  sphere  of  influence,  a  cer- 
tain part  is  for  the  French  sphere  of  influence,  a  certain 
part  for  the  Japanese  sphere  of  influence,  and  so  on. 

"Then  also,  they  must,  of  necessity,  have  facilities 
to  make  investments  abroad  after  they  have  exploited 
the  best  facilities  at  home.  That  is  why  we  have  in 
foreign  parts  concessions  for  railroads  and  other  pub- 
lic works,  and  so  on. 

"Then  again,  as  our  present  industrial  system  de- 
velops and  grows,  imports  and  exports,  foreign  trade 
and  foreign  markets  are  an  ever  increasing  important 
factor.  That  means  that  nations  must  have  outlets  to 
the  sea.  They  must  have  a  sufficient  number  of  ports. 
If  they  do  not,  they  are  hampered,  and  they  strive  to 
acquire  such  ports.  In  the  transportation  of  commodi- 
ties and  merchandise,  the  control  of  the  sea,  or  the! 
freedom  from  control,  is  highly  important.  The  great 
waterways  of  the  world,  such  as  the  Kiel  Canal,  the 
Straits  of  Gibraltar,  the  Suez  Canal,  the  Panama  Canal, 
the  Bosphorus,  and  so  on,  are  of  tremendous  impor- 
tance ;  so  that  a  League  of  Nations,  in  the  first  place, 
if  it  is  to  establish  a  condition  of  affairs  which  will  do 
away  with  the  necessity  of  wars,  must  do  away  with 
this  incentive  to  rivalry  among  nations. 

"Nor  is  that  all  in  this  competition  among  various 
advanced  nations  and  among  capitalist  classes  in  those 
nations.  There  is  a  constant  intrigue — so-called  di- 
plomacy, secret  diplomac5%  each  nation  trying  to  get 
advantage  over  the  other  nation  by  secret  treaties,  by 
preferential  terms  of  all  kinds.  All  this  should  be 
abolished  in  order  to  have  a  true  League  of  Nations. 

"Then  again,  the  fact  that  there  has  been  in  Europe, 


ii8  ALBANY 

and  outside  of  Europe,  a  number  of  oppressed  nation- 
alities striving  to  regain  their  independence,  has  been 
a  fruitful  source  of  wars  in  the  past — at  any  rate,  a 
great  contributing  force.  That,  of  course,  would  have 
to  be  eliminated  in  a  proper  League  of  Nations. 

"Then,  likewise,  the  system  of  competitive  arma- 
ments— I  mean  both  land  and  sea — is  another  source 
of  wars  among  nations;  and  finally,  there  is  an  ab-*' 
sence  of  any  organization  to  dispose  of  quarrels  among 
nations  peacefully. 

"So  that  a  League  of  Nations,  to  be  properly  con- 
stituted and  actually  to  have  the  power  to  do  away 
with  wars,  would  have  to  be  based  upon  a  program 
which  was  pretty  aptly — though  not  completely — for- 
mulated by  President  Wilson  in  his  late  lamented 
fourteen  points.  Or,  as  it  was  more  specifically  and 
more  circumstantially  mentioned,  in  the  program  of 
the  British  Labor  Party.  In  other  words,  it  would 
have  to  be  an  association  of  nations,  a  league  of  all  the 
nations  peopling  the  world,  without  exception;  it 
Kvould  have  to  be  a  federation,  or  league,  of  every  na- 
tion, large  or  small,  in  Europe,  Asia,  Africa,  Australia, 
or  any  where  else  in  the  world. 

"That  league  would  have  to  be  based  upon  a  certain 
definite  constitution,  an  international  constitution,  if 
you  like,  which  would  first,  say,  internationalize  the 
great  waterways  of  the  world — neutralize  them — make 
them  accessible  to  all.  There  is  no  reason  why  any 
nation  should  appropriate  any  part  of  the  ocean  for  it- 
self. It  would  have  to  be  followed  by  the  internation- 
alization, if  you  like,  or  at  least  permission  to  use,  the 
important  ports  of  the  world;  so  that,  for  instance,  a 
large  country  like  Russia  does  not  find  itself  bottled 
up  and  shut  off  from  commerce  or  intercourse  with  the 
rest  of  the  world. 

"It  would  have  to  do  away  with  the  ownership  of 


THE  DEFENSE  OPENS  119 

one  country  by  another,  the  abominable  system  of 
colonies.  It  would  have  to  do  away  with  the  system 
by  which  a  strong  country  can  go  into  Africa  or  Asia 
and  take  hold,  by  force  of  arms,  of  a  defenseless,  large 
and  undeveloped  nation  or  people,  and  say,  'You  are 
my  subjects.  You  are  my  colonies.  We  will  take 
your  wealth — your  natural  wealth.  You  will  take  our 
products,  and  you  will  not  trade  with  anybody  else.' 
Colonies  would  have  to  be  internationalized,  or  at  any 
rate,  the  open-door  policy  would  have  to  be  declared 
for  all. 

"As  far  as  duties  are  concerned,  those  that  discrimi- 
nate in  favor  of  one  nation  as  against  another  certainly 
would  have  to  be  abolished  as  a  very  fruitful  source 
of  war. 

"Then  aside  from  that,  the  principle  of  self-determi- 
nation, of  which  so  much  has  been  said  and  about 
which  so  little  has  been  done,  would  have  to  be  incor- 
porated in  the  League  of  Nations.  Every  nation,  or 
every  nationality,  should  be  given  the  right  to  deter- 
mine for  itself  what  form  of  organization — what  politi- 
cal form  of  organization  and  what  political  affiliation — 
it  should  adopt;  or  whether  it  should  adopt  none  and 
develop  its  own  independence. 

"Secret  diplomacy  would  have  to  be  absolutely  abol- 
ished, as  being  probably  the  worst  sore  in  international 
relations.  Armaments  would  have  to  go,  for  as  long 
as  there  are  to  be  millions  upon  millions  of  profes- 
sional soldiers  and  standing  armies  that  drain  all  the 
resources  of  the  country — each  one  having  an  eye  to 
his  neighbor  to  see  whether  it  is  increasing  its  arma- 
ment, and  then  following  suit — so  long  will  there  be, 
of  course,  an  incentive  toward  war.  And  finally,  also, 
so  long  as  a  better  and  more  civilized  method  of  set- 
tling disputes  among  nations  remains  undevised,  so 
long  will  wars  continue. 


I20  ALBANY 

"Now  then,  the  present  League  of  Nations,  so-called, 
does  not  incorporate  a  single  one  of  these  elemental 
features.  To  begin  with,  it  is  not  a  League  of  Nations 
at  all.  It  does  not  represent  the  nations  of  the  world ; 
it  does  not  pretend  to.  It  does  not  represent  nations, 
but  Governments.  It  takes  the  same  diplomatic  corps 
in  different  countries,  the  same  cliques  that  have  been 
involving  the  world  in  all  these  wars  time  and  time 
again — it  elevates  them,  lifts  them  out  of  their  respec- 
tive chancelleries,  brings  them  together  in  one  place, 
and  calls  them  a  League  of  Nations. 

"The  League  of  Nations,  as  formulated  in  Paris,  is 
not  to  be  composed  of  members  elected  by  the  differ- 
ent nations  by  popular  suffrage;  not  even  by  Parlia- 
ment. No !  They  are  to  be  men  appointed  by  the  for- 
eign offices,  by  the  diplomatic  offices  in  various  coun- 
tries. Now,  of  course,  you  can  hardly  expect  the 
diplomats  to  abolish  diplomacy;  just  as  little  as  you 
can  expect  the  capitalist  class  to  abolish  capitalism. 

"But  that  is  precisely  what  we  expect  them  to  do. 
We  sent  a  lot  of  old  diplomatic  fossils,  who  have  been 
responsible  for  more  human  misery  than  any  other 
class  of  men  in  the  world,  into  one  room  in  Paris  to 
devise  a  League  of  Nations — and  they  did.  They  per- 
petuated themselves  and  legaHzed  themselves  and  de- 
scribed themselves  as  a  League  of  Nations." 

Assemblyman  Cuvillier  here  put  in  a  word. 
Throughout  the  trial,  Mr.  Cuvillier  apparently  suf- 
fered under  a  belief  amounting  to  an  obsession  that 
Lenine  and  Trotsky,  the  leaders  of  the  Russian  Bol- 
sheviki,  were  the  authors  of  all  the  world's  troubles 
and  that  they  were  the  head  devils  to  whom  all  prevail- 
ing iniquities  might  be  traced. 

He  asked  Mr.  Hillquit:  "Do  you  think  Lenine  and 
Trotsky  and  the  Soviet  government  have  adopted  your 
idea  of  the  League  of  Nations?" 


THE  DEFENSE  OPENS  121 

"Yes,  they  have,"  said  Mr.  Hillquit. 

"You  think  so?" 

"Yes,  I  know  they  have.  I  will  tell  you  about  that 
a  little  later  in  detail." 

Mr.  Hillquit  resumed  by  stating  the  concrete  Social- 
ist objections  to  the  League  of  Nations.   Said  he : 

"One  of  the  Socialist  objections  to  the  League  of 
Nations  as  constituted  or  formulated  at  Paris,  is  that 
it  was  not  a  League  or  organization  of  the  peoples  of 
the  different  nations;  that  it  was  not  democratically 
constituted,  but  that  it  attempted  to  perpetuate  the  old 
diplomatic  system  in  various  countries  under  the  name 
and  guise  of  the  League  of  Nations. 

"The  next  objection  of  the  Socialist  party  or  parties 
to  this  so-called  League  of  Nations,  is  that  the  admin- 
istration of  its  affairs  is  not  left  in  the  hands  of  the 
nations  who  are  supposed  to  constitute  the  League,  or 
such  an  executive  instrument  as  such  nations  may 
chose;  but  that  it  is  left  in  the  hands  of  a  council  of 
nine,  of  whom  five  are  perpetually  named.  These  five 
forming  the  majority  of  the  council  are  the  five  prin- 
cipal powers  on  the  Entente  side  in  the  war. 

"Now,  the  Socialists  reason  that  if  a  League  of  Na- 
tiojis  is  to  have  any  real,  vital  function  it  must  wipe 
out  hatred  between  nations ;  it  must  wipe  out  all  lines 
of  demarcation  between  one  camp  and  another  camp. 
It  must,  at  any  rate,  not  perpetuate  hostile  camps 
among  nations,  and  this  arrangement  by  which  the  five 
principal  belligerent  powers  on  one  side  are  consti- 
tuted as  the  majority  in  the  council  of  the  League  of 
Nations  renders  that  council  practically  impotent 
under  its  terms.  Excluding  all  of  the  rival  camps,  it 
is  something  that  must  of  necessity  defeat  the  hope  of 
any  League  of  Nations.  Of  course,  sentiments  and 
hatreds  are  strong  now  because  the  war  was  so  recent, 
but  the  object  of  the  League  of  Nations,  nevertheless, 


122  ALBANY 

is  to  do  away  with  national  antagonism  and  hatred 
once  and  for  all. 

"Now,  then,  instead  of  doing  that,  national  hatred 
and  antagonism  within  this  League  of  Nations  are  per- 
petuated. The  belligerents  on  the  Entente  side  be- 
come by  themselves  the  League  of  Nations.  The  other 
side  is  excluded  from  its  administration. 

"Moreover,  a  more  cardinal  objection  to  the  League 
of  Nations  is  its  one-sidedness ;  if  you  want  to  choose 
a  somewhat  stronger  term,  it's  hypocrisy. 

"We  start  upon  the  assumption  that  it  is  wrong  to 
subjugate  peoples.  Our  President  has  said,  *I  believe 
that  never  again  in  the  future  shall  peoples  be  bartered 
by  us  from  hand  to  hand  like  chattels' ;  which  means 
that  the  system  of  maintaining  colonies — subjected 
countries — must  go  in  a  civilized  world.  Now  what 
did  our  League  of  Nations  in  Paris  do?  They  took 
from  that  a  moral  principle  and  applied  it  to  Germany, 
saying,  'You  shall  not  subjugate  foreign  peoples.  We 
will  take  away  your  colonies.' 

"But  they  did  not  do  that  to  England,  France  or 
Italy.  In  other  words,  the  thing  morally  reprehensible 
that  is  allowed  to  ourselves  is  denied  to  the  other  fel- 
lows. Our  opponents  must  be  good,  but  you  may  be 
bad.  The  same  applies  to  every  other  cardinal  pro- 
vision ;  for  instance,  the  provision  as  to  disarmament." 

Surprised  by  Mr.  Hillquit's  frankness,  Mr.  Conboy, 
of  the  prosecution,  interrupted. 

"May  I  ask  you  when  you  say,  'Our  opponents  must 
be  good,  but  you  may  be  bad,'  whom  are  you  referring 
to?" 

"The  Allies,"  Mr.  Hillquit  promptly  replied.  "We 
are  part  of  the  Allies." 

"You  incorporate  the  United  States  among  them?" 
asked  Mr.  Conboy. 

Mr.  Hillquit  replied : 


THE  DEFENSE  OPENS  123 

"I  incorporate  all  those  parties  who  are  responsible 
for  the  draft  of  the  League  of  Nations  as  manufac- 
tured in  Paris.  I  say  they  apply  these  principles  to 
one  side  but  do  not  apply  them  to  themselves.  For 
instance,  the  principle  of  disarmament,  gradual  and 
eventually  complete,  must  be  one  of  the  main  points 
of  the  basis  underlying  any  League  of  Nations.  The 
Paris  conference  has  effectively  disarmed  Germany 
and  Austria,  Bulgaria  and  Turkey;  and  it  was  very 
well  that  it  should  have  disarmed  them,  but  when  it 
came  to  themselves  they  did  not  do  so.  They  provide 
that  each  country  may  maintain  a  necessary  force, 
leaving  it  to  themselves  to  determine  what  is  neces- 
sary, taking  into  account  geographical  situation  and 
so  on.  In  other  words,  as  far  as  applied  to  the  Allies 
themselves,  there  is  absolutely  no  attempt  at  actual 
disarmament. 

"The  same  applies  to  the  waterways.  For  instance, 
the  Kiel  Canal  is  internationalized.  The  Straits  of 
Gibraltar,  the  Suez  Canal,  and  the  Panama  Canal  are 
not.  The  same  applies  in  fact  to  every  provision.  The 
paradox  of  the  entire  situation  is  that  it  looks  as  if  our 
representatives  had  got  together  in  Paris  for  the  pur- 
pose of  creating  ideal  conditions  among  our  enemies  or 
late  enemies,  and  leaving  the  Allies  with  the  condi- 
tions obtaining  before  the  war. 

"The  enormity  of  the  present  plan  of  the  League 
seems  to  us  Socialists — and  when  I  say  to  us  Socialists 
I  base  my  statement  on  official  declarations  of  Socialist 
parties  here  and  everywhere  and  on  international  con- 
ferences as  well — the  enormity  is  that  the  League  of 
Nations,  of  course,  cannot  be  considered  apart  from 
the  Peace  Treaty.  The  Peace  Treaty  is  just  as  much 
an  organic  part  of  the  arrangement  as  the  League  of 
Nations. 

"Now,  by  the  Peace  Treaty,  we  proceed  in  rear- 


124  ALBANY 

ranging  the  world  in  a  certain  way.  First,  we  leave 
the  main  powers  on  our  side  in  possession  of  all  of  the 
stolen  goods,  figuratively  speaking — referring  to  the 
colonies — and  then  we  impose  certain  very  onerous 
conditions  upon  the  other  side.  When  we  have  done 
all  that,  we  declare  that  this  condition  of  affairs  that 
we  have  created  must  remain  so  forever;  for  it  cannot 
be  changed  except  by  unanimous  consent  of  the  coun- 
cil including  the  votes  of  the  powers  who  have  the 
advantage  of  having  dependencies,  colonies,  and  so  on. 

"Having  proclaimed  the  abstract  right  of  self-de- 
termination, for  instance,  we  leave  Ireland  under  the 
subjugation  of  England — call  it  subjugation,  because 
the  Irish  feel  that  way.  We  leave  Egypt  and  India  in 
the  same  condition.  And  then  the  League  proceeds  to 
say  that  this  condition  cannot  be  changed;  that  if  an 
attempt  is  made  to  change  it,  the  entire  world  has  to 
be  reckoned  with.  In  other  words,  so  far  from  mak- 
ing it  easy  for  oppressed  nationalities  to  gain  their  in- 
dependence, the  League  makes  it  more  difficult.  So  it 
is  not  a  step  in  the  right  direction,  a  step  toward  prog- 
gress ;  but  it  is  a  step  backwards." 

On  cross-examination,  Mr.  Hillquit  was  asked  about 
various  phases  of  the  Socialist  movement,  including 
the  SociaHst  attitude  on  the  war ;  about  the  St.  Louis 
resolution;  about  the  Chicago  Manifesto;  about  the 
meaning  of  Social  revolution;  about  the  meaning  of 
"mass  action,"  of  the  general  strike,  and  of  the  party's 
attitude  toward  and  relation  to  Russia. 

Mr.  Hillquit  answered  all  these  questions  in  detail. 
He  explained  that  the  Socialists  believed  in  full  and 
unhampered  self-determination  in  Russia  as  well  as  in 
Ireland,  Egypt,  India,  China,  and  all  other  subject 
countries.  He  explained  that  Socialists  were  in  sym- 
pathy with  the  heroic  efforts  of  the  Russian  workers 


THE  DEFENSE  OPENS  125 

and  peasants  in  their  attempt  to  establish  industrial 
democracy. 

The  defense  called  to  the  stand  the  Rev.  Dr.  Nor- 
man Thomas,  a  clergyman,  who  testified  to  the  matter 
of  Socialism  and  religion.  Mr.  Stedman,  for  the  de- 
fense, asked  him  this  question:  "Will  you  state  your 
opinion  as  to  the  antagonism,  if  there  is  any,  between 
Socialism  and  religion?" 

"There  is  in  my  judgment,  no  essential  antagonism 
whatsoever  between  them,"  Mr.  Thomas  replied.  "As 
a  matter  of  fact,  the  American  Socialist  party  has  spe- 
cifically adopted  a  neutral  stand  on  religion,  taking  the 
position  that  religion  is  a  matter  for  the  individual. 
That  was  done  in  1908,  and  that  particular  act  has, 
never  been  repealed  or  altered  in  any  way.  It  is  my 
own  personal  belief,  after  much  study,  that  the  most 
effective  way  of  carrying  out  Christian  ethics  would 
be  in  connection  with  the  cooperative  commonwealth, 
which  is  the  goal  of  Socialism." 


CHAPTER  IX 

THE  COMMITTEE  INSTRUCTED  IN  SOCIAL- 
ISM—LEE   AND    BRANSTETTER    ON 
THE  STAND 

In  order  to  throw  light  upon  the  operations  and 
workings  of  the  Socialist  Party  and  its  scope  of  ac- 
tivity, Mr.  Otto  F.  Branstetter,  National  Secretary  of 
the  Socialist  Party  in  the  United  States,  was  called  to 
the  stand. 

Perhaps  the  most  striking  part  of  Mr.  Branstetter*s 
testimony  was  the  figures  he  gave  refuting  the  loud 
assertions  of  the  prosecution  to  the  effect  that  the  So- 
cialist Party  and  its  principal  committees  were  domi- 
nated by  aliens  and  alien  enemies.   He  confounded  the 
prosecution  by  asserting  that  at  least  seventy-one  per 
cent  of  the  present  membership  of  the  Socialist  Party 
I    was  native-born,  and  of  the  present  National  Execu- 
\  tive  Committee  consisting  of  seven  members,  six  were 
\  American  born,  the  remaining  one  being  foreign  bom 
1  but  naturalized. 

Mr.  Branstetter  showed,  in  addition,  that  so  far  from 
being  an  organization  existing  for  the  purpose  of  tear- 
ing the  United  States  to  pieces,  that,  on  the  contrary, 
all  its  activities  had  been  devoted  to  constructive  work. 
He  revealed,  moreover,  that  on  a  list  of  books  on  So- 
cialism and  allied  subjects  recommended  by  the  Na- 
tional OfBce  of  the  Socialist  Party  for  general  reading, 
there  are  many  volumes  which  have  no  direct  relation 
to  Socialism  and  others  which  are  opposed  to  Socialist 
theories. 

126 


THE  COMMITTEE  INSTRUCTED   127 

Mr.  Branstetter  explained  that  the  Socialist  Party  is 
made  up  of  dues-paying  members  and  elucidated  its 
form  of  organization.    He  added : 

"Outside  of  the  regular  political  activities  of  the 
party  it  covers  quite  a  wide  field,  because  we  are  more 
than  a  political  party.  We  are  an  educational  organi- 
zation, and  as  such  we  carry  on  extensive  educational 
campaigns  amongst  our  membership,  the  effort  of  the 
party  being  always  to  give  our  members  and  sympa- 
thizers a  wide  and  thorough  understanding  of  the  prin- 
ciples of  Socialism,  and  also  of  general  knowledge 
ivhere  it  is  possible  for  us  to  do  so ;  and  in  that  field 
our  literature  covers  every  phase  of  Socialism  on  both 
sides  of  the  subject.  We  desire  that  our  membership 
shall  be  thoroughly  posted  and  familiar  with  not  only 
the  questions  of  Socialism  but  of  civics  and  govern- 
ment generally,  and  not  with  one-sided  information, 
but  knowing  both  sides  and  understanding  both  sides 
of  the  question." 

On  the  subject  of  books  listed  by  the  Socialist  Party 
for  general  sale,  Mr.  Branstetter,  to  refute  the  charge 
that  the  Socialist  Assemblymen  were  responsible  for 
the  contents  of  all  books  dealing  with  Socialist  theory, 
produced  a  catalog  on  which  was  printed  the  following 
resolution  adopted  by  the  National  Executive  Commit- 
tee June  2,  1913: 

''RESOLVED,  that  the  placing  of  the  name  of  any 
paper,  publication  or  book  on  lists  or  catalogs  sent  out 
by  the  national  office  does  not  necessarily  im.ply  en- 
dorsement of  such  paper,  publication  or  books,  except- 
ing when  expressly  stated." 

On  the  matter  of  lending  assistance  to  striking  work- 
ingmen,  Mr.  Branstetter  explained  that  the  Socialist 
Party  does  not  attempt  to  interfere  with  the  internal 
workings  of  economic  organizations,  but  had  fre- 
quently furnished  relief  during  strikes  whenever  it 


128  ALBANY 

seemed  to  be  necessary.  He  testified  furthermore  that 
the  party  had  often  undertaken  to  inform  the  foreign 
born  elements  in  the  working  class  upon  the  American 
conditions.    Said  he :  / 

"The  Socialist  Party  perhaps  was  the  original 
Americanization  party.  We  started  naturalization 
schools  and  appointed  naturalization  committees  in 
our  state  and  local  organizations  as  far  back  as  ten 
and  twelve  years  ago,  and  in  furtherance  of  this  work 
i  of  naturalizing  of  the  foreign-born,  the  national  offices 
prepared  and  published  a  booklet,  *Hov/  to  Become 
Naturalized.*  We  translated  it  into  Finnish.  In  addi- 
tion to  those  two  languages,  which  we  published  and 
which  were  prepared  by  the  party,  we  sold  extensively 
Jordan's  'Naturalization  Made  Easy.'  We  carried  that 
and  now  have  it  in  stock  in  seventeen  different  lan- 
guages." 

Assemblyman  Cuvillier,  who  had  been  itching  to  get 
in  a  question,  now  got  his  chance.  "Have  you  got  a 
school  to  teach  them  the  English  language  and  the 
Constitution  of  the  United  States?"  he  asked. 

"The  party  itself  does  not  conduct  such  a  school,'* 
replied  the  witness.  "Local  organizations  have  con- 
ducted such  schools,  especially  where  there  is  a  large 
foreign  population,  and  our  language  federations  have 
conducted  such  classes.  Nearly  all  of  them  have  con- 
ducted classes  in  English  and  Americanization." 

But  Assemblyman  Cuvillier  was  not  content  to  hear 
that  classes  had  been  instructed  in  English ;  he  wanted 
to  know  whether  instructions  had  been  given  in  the 
"American  language."  Said  he:  "You  spoke  about 
that  you  have  seventeen  different  foreign  language  as- 
sociations and  literature  to  make  American  citizens. 
Do  you  teach  them  the  Constitution  in  the  American 
language?" 

"Yes,"  replied  Mr.  Branstetter.     "We  have  some 


THE  COMMITTEE  INSTRUCTED   129 

books  in  English,  besides  those  we  publish,  and  the 
one  we  translated  into  Finnish  ourselves  has  the  Eng- 
lish and  Finnish  in  parallel  columns  on  opposite  pages. 
This  is  both  for  the  purpose  of  giving  the  information 
and  giving  them  a  knowledge  of  the  English  lan- 
guage." 

But  the  examining  Assemblymen  could  not  keep 
away  from  the  subject  of  the  Socialist  Party's  relation 
to  strikes.  Again  and  again  the  matter  of  industrial 
conflict  came  up.  Assemblyman  Harrington  of  the 
Committee  asked:  "I  understood  Mr.  Stedman  to  ask 
you  whether  the  Socialist  Party  advised  men  to  strike. 
Was  that  the  question?" 

"I  think  that  was  not  men,  but  unions,"  replied  the 
witness. 

"The  Socialists  go  on  a  theory  that  strikes  are  gen- 
erally proper  and  you  help  them  out?"  asked  Assem- 
blyman Harrington. 

Mr.  Branstetter's  answer  was :  "We  go  on  the  theory 
that  strikes  are  necessary,  absolutely  essential  and 
necessary  to  the  welfare  of  the  working  classes;  that 
they  have  organized  into  labor  unions,  and  having  or- 
ganized, while  not  desirable,  it  is  necessary  upon  occa- 
sion that  they  strike." 

But  Mr.  Harrington  was  still  not  satisfied.  "So, 
they  can  always  rely  on  the  Socialist  Party  to  sympa- 
thize with  them  and  help  them  once  they  strike?"  he 
asked. 

The  National  Secretary's  prompt  reply  was:  "An 
organized  movement,  irrespective  of  political  belief  or 
affiliation  of  its  members,  a  group  of  organized  work- 
ers striking  for  the  betterment  of  their  conditions,  can  ' 
always  depend  upon  the  support  and  assistance  of  the 
Socialist  Party." 

When  asked  about  the  so-called  alien  membership  of 


I30  ALBANY 

the  National  Executive  Committee,  Mr.  Branstetter 
answered : 

"The  Executive  Committee  now  consists  of  seven 
members — six  of  them  are  American-born,  one  of  them 
foreign-born  and  naturalized.  Preceding  committees 
were  of  the  same  general  character.  The  National 
Executive  Committee  has  varied  in  numbers  at  differ- 
ent times  from  five  to  fifteen.  So  far  as  I  know,  and 
I  think  I  know,  the  composition  of  every  executive 
committee  since  the  organization  of  the  party,  there 
has  never  been  an  alien  on  the  committee." 

Questioned  as  to  the  states  and  areas  where  the  So- 
cialist Party  is  strongest,  Mr.  Branstetter  stated,  that 
the  membership  in  Oklahoma  outnumbers  that  of  any 
other  agricultural  state,  and  that  it  had  been  and  was 
the  strongest  Socialist  state  both  in  proportion  to  the 
membership  and  to  the  votes  cast  in  relation  to  popu- 
lation. 

Mr.  Branstetter  was  questioned  by  Judge  Suther- 
land about  an  expression  he  had  used  which  the  lawyer 
had  understood  as  "the  scum  proletariat." 

"No,  I  said  the  slum  proletariat,"  said  Mr.  Branstet- 
ter.   Asked  to  explain,  he  said : 

"The  slum  proletariat  is  the  proletariat  resident  in 
the  slums  of  the  industrial  sections.  There  is  an  ele- 
ment of  that  slum  proletariat — the  lowest  element,  the 
vicious  element,  the  criminal  element,  the  pauper  ele- 
ment— all  of  those  elements  form  the  lowest  strata  of 
society  and  are  included  in  the  slum  proletariat;  and 
my  statement,  I  think,  was  that  we  did  not  reach,  and 
never  hoped  to  reach,  those  people.  THEY  ARE 
NATURAL  SUSTAINERS  AND  DEFENDERS 
AND  UPHOLDERS  OF  THE  EXISTING  ORDER, 
BECAUSE  THEY  ARE  DEPENDENT  UPON  IT, 
BECAUSE  SUCH  INCOME  AS  THEY  HAVE. 
SUCH    LIVELIHOOD    AS    THEY    HAVE,    DE- 


THE  COMMITTEE  INSTRUCTED   131 

PEND  UPON  THE  PRESENT  SYSTEM.  THEY 
GET  IT  THROUGH  CHARITY,  THROUGH 
VICE,  THROUGH  CRIME;  AND,  AS  SUCH,  ARE 
ADHERENTS  OF  THE  SYSTEM  AND  SUP- 
PORTERS OF  THE  EXISTING  REGIME.  Quite 
often — quite  frequently — they  even  exist  and  carry  on 
their  means  of  gaining  their  livelihood  by  vice,  or 
crime,  or  beggary,  with  the  connivance,  if  not  with  the 
consent,  of  the  police  officials  and  politicians  of  the 
existing  order ;  so  that  they  are  always  aligned  against 
the  Socialist  Party.  We  have  never  had  their  support 
and  do  not  expect  it.  I  think  that  is  the  substance  of 
what  I  was  trying  to  convey  this  morning." 

Mr.  Sutherland  then  asked  about  the  status  of  a  man 
he  had  known,  who  fifty  years  ago  had  entered  the 
largest  store  in  his  town  as  a  check-boy.  At  the  end, 
he  said,  he  was  employing  thousands  of  people  as  head 
of  the  establishment.  "Where  did  that  man  leave  the 
working  class  and  enter  the  capitalist  class?"  asked 
the  judge. 

"When  he  became  an  employer  of  labor  and  began 
to  draw  the  principal  amount  of  his  income  from  the 
labor  of  others  and  not  from  his  own  individual  ef- 
forts," replied  Mr.  Branstetter. 

"There  came  to  be  between  him  and  those  with 
whom  he  had  worked  up  to  that  time,  a  state  of  en- 
mity, of  warfare,  in  your  conception?" 

"Maybe  not  a  personal  conscious  antagonism  on 
their  part,  but  there  did  certainly  arise  a  condition 
where  their  economic  interests  were  in  conflict ;  their 
interests  were  opposed  to  each  other,  and  whether  they 
were  conscious  of  the  fact  or  not,"  was  the  reply. 

Assemblyman  Harrington,  of  the  Committee,  de- 
clared that  it  seemed  to  him  that  every  man  in  the 
country  had  a  chance  to  become  wealthy  if  he  wished, 


132  ALB  AN  Y^ 

competent  to  support  his  family,  send  his  children  to 
college,  and  so  forth. 

"It  seems  to  me,"  he  said,  "your  doctrine  keeps  your 
man  down  there  and  tells  him  he  will  always  be  a  la- 
boring man." 

On  this  point,  Mr.  Branstetter  said :  "The  possibility 
that  large  numbers  of  workingmen  may  enter  the  capi- 
talist class  does  not  alter  the  fact  of  the  existence  of 
classes.  What  we  say,  is  not  that  any  individual  work- 
ingman  may  never  become  a  capitalist.  If  I,  or  any 
other  member  of  the  Socialist  Party,  should  become  a 
capitalist,  that  would  not  remove  the  objection  to  the 
capitalist  system.  The  system  is  such  that  the  over- 
whelming majority  of  the  working  class  can  never  be- 
come capitalists,  because  one  capitalist  necessarily  im- 
plies a  large  number  of  workingmen  who  are  exploited, 
and  it  is  the  system  we  are  opposed  to  and  not  the  in- 
dividual." 

As  to  the  difference  between  a  worker  and  a  capi- 
talist, Mr.  Branstetter  explained  that  as  long  as  a  man 
draws  his  principal  income  from  the  sale  of  his  labor, 
either  manual  or  mental,  he  belongs  to  the  working 
class;  and  when  he  draws  his  incom-e  from  invest- 
ments, from  the  ownership  of  property  which  other 
people  have  to  use,  he  is  a  member  of  the  capitalist 
class,  even  though  he  may  continue  to  superintend  or 
direct  his  factory  or  mill,  and  although  he  continues  to 
do  necessary  work  in  the  conduct  of  his  industry.  He 
declared  that  there  is  an  inherent  conflict  between  the 
economic  interests  of  the  employing  class  and  the  em- 
ployed class.  This  conflict,  he  said,  manifests  itself  in 
strikes,  in  lock-outs,  and  in  other  industrial  disturb- 
ances. The  wealth  of  great  capitalists,  he  explained, 
came  from  their  ownership  of  the  means  of  production 
and  not  their  superior  business  ability. 

But  Judge  Sutherland  objected:  "If  you  have  not 


THE  COMMITTEE  INSTRUCTED   133 

got  the  managerial  ability,  the  business  is  not  worth 
much." 

"You  can  be  an  inmate  of  an  insane  asylum,  and 
your  trustees  can  hire  a  manager  and  you  can  draw 
millions,"  replied  Mr.  Branstetter. 

Mr.  SteJman  put  in  a  remark  to  the  effect  that 
Harry  Thaw  drew  more  in  the  asylum  than  he  did, 
outside. 

"Certainly,"  replied  Mr.  Branstetter. 

"That  shows  that  it  pays  to  be  insane,"  commented 
Mr.  Stedman. 

The  next  witness  examined  was  Mr.  Julius  Gerber, 
county  secretary  of  the  Socialist  Party  in  New  York, 
Borough  of  Manhattan. 

After  explaining  how  the  Socialist  Party  put  up  its 
candidates  in  elections,  Mr.  Gerber  was  asked  whether 
he  knew  of  a  case  in  which  a  person,  not  a  member  of 
the  dues-paying  organization  of  the  Socialist  Party, 
had  filed  a  petition  for  election  in  the  primaries  as  a 
candidate  of  the  Socialist  Party,  in  accordance  with 
the  State  Primary  Law. 

"Yes,"  replied  Mr.  Gerber.  He  then  made  the  start- 
ling statement  that  the  person  who  had  so  filed  a  pe- 
tition as  a  candidate  of  the  Socialist  Party  was  none 
other  than  Assemblyman  Cuvillier,  who  at  that  mo- 
ment was  sitting  in  front  of  him  as  a  member  of  the 
Judiciary  Committee  which  was  trying  the  accused 
Assemblymen,  and  who  had  distinguished  himself 
throughout  the  proceedings  as  a  rampant  opponent  of 
all  that  related  to  Socialism.  Mr.  Gerber  went  on  to 
say  that  Mr.  Cuvillier  had  filed  his  petition  as  a  can- 
didate for  member  of  the  Assembly  on  the  Socialist 
Party  ticket  in  the  30th  District  of  New  York  County 
in  1916. 

"Did  Mr.  Cuvillier  decline  the  nomination  for  the 


134  ALBANY 

Socialist  primaries  in  that  district  that  year?"  Mr. 
Gerber  was  asked. 

"He  did  not,"  was  the  reply. 

"Did  his  name  appear  on  the  primary  ballot  on  the 
Socialist  column?" 

"It  did." 

"Did  Mr.  Cuvillier  receive  any  votes  on  the  Socialist 
ticket?" 

"Two,"  replied  the  witness. 

At  this  statement,  a  ripple  of  laughter  spread  over 
the  Assembly  Chamber. 

Mr.  Algernon  Lee,  educational  director  of  the  Rand 
School  of  Social  Science  and  former  Socialist  member 
of  the  Board  of  Aldermen  in  New  York  City,  was  then 
called  to  the  stand  by  the  defense.  When  asked  to 
state  the  attitude  of  the  Socialist  Party  in  regard  to 
the  ownership  of  private  property,  Mr.  Lee  answered : 

"Socialists  try  to  make  it  clear  to  the  public  that  it 
is  not  the  abolition  of  private  property  that  is  intended, 
but  the  abolition  of  such  private  property  as  gives  to 
some  of  the  people  a  control  over  the  lives  and  over 
the  opportunities  to  work  and  produce  a  living  by 
which  other  people  live.  Private  property  used  for 
the  satisfaction  of  human  wants, — let  us  say  the  home, 
furniture  of  the  home  and  so  on  and  so  forth — belongs 
to  one  class,  and  we  do  not  seek  to  abolish  it.  To  an- 
other class  belong  those  means  of  production — that 
productive  wealth  which  is  owned  by  some  people  and 
operated  by  others,  yielding  a  profit  to  the  owners  out 
of  the  product  of  the  workers,  and  it  is  to  this  type  of 
private  property  that  the  Socialist  platforms  and  dec- 
larations refer.  Only  occasionally — a  shorthand  state- 
ment, so  to  speak — is  used  to  describe  it.  Can  there 
be  any  confusion  in  the  matter?" 


CHAPTER  X 

THE   SUSPENDED   ASSEMBLYMEN   ON   THE 
STAND 

More  than  four  weeks  had  now  elapsed  since  the 
opening  of  the  trial.  Meantime  the  State  was  paying 
for  the  heavy  expenditures  by  the  prosecution.  The 
Socialists  also  had  been  put  to  an  expense  they  could 
ill  afford.  During  this  period,  the  accused  Assembly- 
men had  been  compelled  to  sit  in  the  chamber  listen- 
ing to  endless  arguments  and  debates,  but  without  yet 
having  had  a  chance  to  speak  for  themselves.  How- 
ever, their  turn  came  on  February  4th. 

The  first  of  the  five  to  be  called  was  Louis  Wald- 
man,  of  the  8th  District  of  Manhattan.  After  briefly 
sketching  his  personal  career  and  record  in  the  As- 
sembly, he  delved  into  the  legislative  history  of  his 
party  in  the  Assembly  of  ig  18  of  which  he  was  a  mem- 
ber. He  described  the  organization  and  the  activities 
of  the  Socialist  group  of  ten  members  for  that  year. 

While  admitting  that  the  group  acted  as  a  unit  on 
all  Socialist  matters,  he  denied  the  charge  of  the  prose- 
cution that  that  rule  was  "hide-bound."  He  declared 
that  the  Socialist  rule  regarding  unity  did  not  compel 
members  of  the  group  to  vote  as  a  unit  when  it  was 
their  conviction  that  they  could  not  agree  upon  any 
given  question. 

"We  decided  in  such  an  event  to  dissolve  the  unit 
rule,  and  such  an  event  had  happened  in  practical  ex- 
perience in  legislative  work,"  he  declared. 

135 


136  ALBANY 

When  asked  to  cite  an  instance  where  the  unit  rule 
had  been  broken  with  the  consent  of  all  the  Socialist 
members,  Mr.  Waldman  replied:  "One  conspicuous 
case  was  a  piece  of  legislation  pending  in  this  House, 
sponsored,  I  believe,  by  our  worthy  Chairman,  Mr. 
Martin." 

Mr.  Waldman  then  explained  that  it  was  in  connec- 
tion with  the  repeal  of  the  educational  law  known  as 
the  Tov/nship  Law.  On  that  question,  he  said,  the 
Republican  Party  had  been  divided,  one  part  of  it  led 
by  Senator  Elon  R.  Brown,  then  majority  leader  of 
the  Senate.  The  other  side  was  led  by  Mr.  Martin. 
The  Republican  party,  he  related,  was  about  evenly 
divided,  and  there  was  also  a  division  among  the 
Democrats,  except  that  a  majority  of  them  were  on 
one  side.  The  division  of  the  Socialist  caucus,  he  said, 
was  nine  to  one.  On  being  asked  as  to  the  identity  of 
the  "one,"  he  replied  that  it  was  himself. 

"I  believed  that  the  Township  Law  ought  to  be  re- 
pealed for  reasons  that  I  explained  when  I  voted  on 
the  question,"  he  explained. 

Mr.  Waldman  then  took  advantage  of  an  opportu- 
nity never  presented  to  Socialist  Assemblymen  before, 
and  that  w^as  to  explain  the  constructive  side  of  their 
work  in  the  legislature.  Heretofore  the  only  oppor- 
tunity they  had  enjoyed  was  to  be  the  opposition. 
The  steam-roller  had  never  permitted  their  legislative 
measures  to  come  up  for  careful  scrutiny  before  the 
House.  To  the  edification  of  the  Judiciary  Committee, 
of  the  Assembly  members,  of  the  spectators,  and  news- 
paper correspondents,  Mr.  Waldman  then  related  the 
scientific  methods  employed  by  the  Socialist  group, 
in  their  attempt  to  discharge  their  duties  as  the  ser- 
vants of  the  people.    He  said: 

"At  the  very  first  conference,  we  took  up  the  Social- 
ist Party  State  platform  for  the  year  19 16,  which  was 


THE  SUSPENDED  ASSEMBLYMEN     137 

the  platform  upon  which  we  were  elected  to  office  in 
the  year  191 7,  there  not  being  a  State  convention  in 
the  interim.  We  took  the  platform  up  for  the  division 
of  labor,  assigning  to  each  member  of  the  group  that 
plank  of  the  platform  in  which  he  was  particularly 
qualified  and  interested." 

"Was  it  the  idea,"  Mr.  Waldman  was  asked,  "to 
cover  all  those  platforms,  pledges  or  planks  by  con- 
crete legislative  measures  introduced  by  the  Socialist 
members?" 

"That  v/as  the  idea,"  Mr.  Waldman  replied.  "We 
adjourned  with  this  mutual  understanding,  that  each 
member  who  received  an  assignment  for  the  prepara- 
tion of  legislative  measures  was  to  go  out  into  the  field 
which  that  legislation  was  supposed  to  affect,  and 
study  the  matter,  first  from  the  literature  published 
on  the  subject;  second,  by  consulting  experts  best 
qualified  to  speak  on  the  question;  third,  by  personal 
investigations.  The  results  of  such  investigations  were 
then  reported  back  to  the  conference.  Then  the  con- 
ference took  up,  section  by  section,  the  proposed  piece 
of  legislation,  and  modified  it  or  suggested  new  ideas. 

"Again,  the  matter  would  go  to  the  person  in  charge 
of  that  particular  legislation,  and  the  person  would 
finally  beat  the  bill  into  shape,  then  report  it  back  to 
the  conference  for  approval,  and  after  it  had  been  so 
approved,  it  would  be  introduced  by  the  member  of 
the  group. 

"The  first  bill  that  was  assigned  to  me  for  introduc- 
tion was  a  food  and  fuel  act.  The  object  of  the  bill 
was  to  relieve  New  York  City  in  particular,  and  New 
York  State  in  general,  from  a  great  fuel  crisis  which 
was  coming  upon  the  State  as  a  result  of  the  increas- 
ingly high  cost  of  living  of  the  necessaries  of  life.  The 
situation  that  existed  at  that  time  in  the  city  was  such 
that  the  children,  particularly  of  the  districts  which  we 


138  ALBANY 

represented — the  working  class  section  of  the  city — 
were  undernourished. 

"The  school  children  and  those  children  v/ho  were 
not  yet  old  enough  to  go  to  school  were  being  under- 
nourished, by  reason  of  the  fact  that  the  earnings  of 
the  family  were  not  sufficient  to  meet  the  onrushing 
rise  in  the  cost  of  living.  The  purpose  of  the  bill  was 
to  bring  relief  to  this  situation. 

"In  the  first  place,  I  consulted  all  the  reports  that 
were  available  on  the  subject,  rendered  by  committees 
or  commissions  appointed  by  the  mayor  of  the  City  of 
New  York,  or  the  State  Legislature.  At  that  time, 
there  were  two  reports  particularly  which  were  valu- 
able in  the  preparation  of  the  bill.  One  was  the 
Weeks*  report,  a  report  named  after  Senator  Weeks 
of  this  legislature.  Another  one  was  the  report  ren- 
dered to  Mayor  Mitchel  by  George  W.  Perkins.  These 
two  reports  were  the  latest  reports  on  the  subject. 
There  were  about  eleven  investigating  commissions  in 
the  past  seven  years  engaged  on  the  question. 

"I  then  consulted  experts  in  the  trade  of  production 
and  distribution  of  food.  I  held  hearings  at  which  I 
called  wholesalers,  retailers,  commissionmen,  jobbers, 
sub  jobbers,  warehousemen — I  called  them  to  my  own 
home,  and  conducted  hearings  in  the  presence  of  some 
of  the  members  of  the  group.  They  voluntarily  ap- 
peared. They  gave  me  their  opinions  in  the  matter; 
they  gave  me  their  experience ;  they  told  me  the  weak- 
nesses of  the  present  method  of  distribution ;  they  sug- 
gested remedies  out  of  their  own  experience." 

"About  how  many  persons  did  you  thus  interview?" 

"At  least  eighteen,"  said  Mr.  Waldman. 

"In  the  course  of  what  period  of  time?" 

"In  the  course  of  about  a  week." 

"Working  practically  continuously?'* 

"Working  continuously  all  day." 


THE  SUSPENDED  ASSEMBLYMEN     139 

"Then  what  did  you  do?" 

"Then  consulted  such  legal  talent  as  I  could,  I 
consulted  these  experts  for  the  legal  side  and  sociologi- 
cal side  of  the  legislation.  I  then  went  out  among  the 
farms.  I  put  in  a  week  of  traveling  from  farm  to  farm, 
to  find  out  the  complaints  the  farmers  had  to  make.  I 
was  particularly  struck  to  see  from  reports  that  the 
farmers  were  leaving  the  farm;  that  they  refused  to 
stay  on  the  soil ;  that  they  refused  to  continue  to  pro- 
duce; that  there  was  inefficiency  in  farm  production. 
I  went  particularly  to  milk  producers;  I  wanted  to 
find  out  what  they  were  complaining  of.  They  told 
me,  and  made  certain  suggestions  to  be  embodied  in 
the  legislative  act.  I  first  reported  in  raw  shape  the 
material  to  the  conference ;  they  then  delegated  me  to 
draft  a  bill,  which  I  did,  and  it  was  subsequently  ap- 
proved by  the  group.    This  was  on  January  8,  1918." 

Mr.  Waldman  then  gave  a  summary  of  the  provi- 
sions of  the  bill  mentioned. 

His  testimony  made  it  increasingly  obvious  that  the 
Socialist  Assemblymen  had  not  come  to  Albany  with 
the  destructive  purposes  accredited  to  them  by  the 
prosecution,  but  on  the  contrary,  had  labored  with  a 
view  of  relieving  distressing  conditions  in  a  construc- 
tive way.  He  explained  that  his  food  bill  was  "based 
on  the  proposition  that  the  high  cost  of  living  is  caused 
by  three  elements:  First,  inefficiency  in  production; 
second,  inefficiency  and  waste  in  distribution ;  third, 
unnecessary  profits  to  various  groups  handling  the 
food,  and  so  the  bill  provides  for  the  relief  or  the  set- 
tlement of  these  three  problems.  In  the  first  place,  it 
provides  for  the  stimulation  of  production.  The  farm- 
ers to-day  are  compelled  to  pay  excessive  prices  for 
food,  feed,  seed,  fertilizer  and  machinery,  paid  to  pri- 
vate speculators  and  private  owners.  Under  the  bill, 
the  State  would  establish  a  series  of  department  stores 


I40  ALBANY 

all  through  the  farming  sections,  where  the  farmers 
could  buy  these  things  at  cost;  cost  to  be  construed 
as  being  the  purchase  price  the  State  pays  at  the  point 
where  it  buys,  plus  deterioration  of  the  plant;  plusi 
whatever  loss  is  incidental  to  the  business;  but  no' 
profit  to  be  made  on  these  things.  It  proposes  to  elim- 
inate waste  and  chaos  in  distribution. 

"The  reports  made  by  commissions  of  this  House 
are  that  it  costs  more  to  transport  a  pound  of  food, 
when  it  lands  at  the  port  of  New  York,  to  the  house 
of  the  consumer  than  it  does  to  transport  it  from  Buf- 
falo to  New  York.  The  condition  of  distribution  in 
New  York  is  recognized  by  all  investigators  as  chaotic 
and  anarchistic.  Under  the  provision  of  this  bill,  a 
system  of  terminal  markets  would  be  created,  equipped 
with  storage  houses,  with  refrigeration  facilities,  in 
many  cases  with  facilities  to  manufacture,  to  take  care 
of  seasonable  and  perishable  goods.  This  would  elimi- 
nate the  losses  and  waste  due  to  our  present  system  of 
distribution. 

"This  bill  also  provides  for  the  elimination  of  the 
middlemen,  such  as  the  jobbers,  subjobbers,  wholesal- 
ers, retailers,  commisionmen,  warehouse  keepers,  all  of 
whom  add  a  profit  to  every  article  of  food  that  comes 
from  the  producer  to  the  consumer.  This  would  be 
estabHshed  by  the  institution  of  a  system  of  distribu- 
ting stores,  to  be  operated  by  the  municipalities,  where 
food  and  milk  and  all  things  necessary  for  the  people 
to  live  upon,  would  be  sold  to  the  people  at  cost." 

He  explained  that  the  bill  had  been  killed  in  Com- 
mittee; and  that  notwithstanding  the  continuous  rise 
in  the  cost  of  living  to  this  day,  no  bill  had  ever  been 
reported  out  which  in  any  measure  would  relieve  the 
conditions  responsible  for  suffering  among  all  the  peo- 
ple in  the  State,  chiefly  the  workers. 

He  then  explained,  one  by  one,  the  nature  of  the 


THE  SUSPENDED  ASSEMBLYMEN     141 

seventy-four  bills  which  had  been  introduced  by  the 
Socialists  in  the  Assembly  of  19 18.  These  bills  re- 
lated to  social  insurance ;  conservation  of  natural  re- 
sources ;  conservation  of  human  resources ;  radical  im- 
provements in  the  labor  law;  protection  of  workers 
against  the  perils  of  fire  and  machinery ;  shorter  hours 
and  a  minimum  wage ;  public  ownership  of  public  utili- 
ties ;  and  other  legislation  tending  to  protect  the  work- 
ers in  their  right  to  grow  and  develop  to  the  full  dig- 
nity of  manhood  and  benefiting  the  people  of  the 
State.  All  these  bills,  with  the  exception  of  a  minor 
one,  he  declared,  had  been  killed  in  Committee. 

His  frank  criticism  of  the  indifference  and  negli- 
gence of  the  Assembly  to  the  welfare  of  the  people, 
was  received  with  astonishment  by  the  Committee. 

Mr.  Waldman  then  referred  to  a  speech  he  made  in 
Brooklyn  on  January  7,  1919,  a  passage  from  v/hich  the 
prosecution  had  sought  to  use  against  him.  That  pas- 
sage read  as  follows : 

"To-day  in  Russia,  they  have  founded  a  new  state 
which  is  a  state  based  upon  the  divine  right  of  hu- 
manity ...  it  says  to  the  v/orld,  that  the  function  of 
the  state  is  not  to  be  a  mere  policeman,  to  be  the 
jailer  and  the  judge,  and  the  tax-collector  and  the  con- 
script ;  but  the  function  of  the  state  is  to  organize  the 
industries,  the  wealth,  the  resources,  human  and  ma- 
terial, for  the  purpose  of  establishing  things  as  they 
should  be." 

The  prosecution  had  taken  this  to  mean  that  Mr. 
Waldman  had  advocated  a  Soviet  system  for  the 
United  States.  Another  passage  of  the  same  speech 
about  Russia  which  had  provoked  the  ire  of  the  prose- 
cution was  as  follows : 

"They  said  to  a  man,  'You  either  go  to  work  or 
starve.'  In  America,  the  situation  is  reversed.  The 
millions  and  millions  who  work  are  starved,  and  those 


14^  ALBANY 

who  do  not  work  live  on  the  luxuries  of  capital. 
Which  do  you  prefer?  Here  is  presented  the  problem: 
Shall  the  majority  of  people  who  work,  starve?  Or 
shall  the  few  who  do  not  work,  starve  if  they  refuse 
to  work?  The  answer  is  very  simple,  and  it  is  that  the 
new  state,  the  Socialist  state,  the  Socialist  conception 
of  justice  and  right  and  ethics  and  morality,  is  that 
they  who  toil  and  labor  and  sweat  and  produce  and 
make  and  create,  shall  enjoy  the  product  of  their  own 
labor. 

"If  you  commemorate  the  birthday  of  the  Russian 
Revolution,  if  you  revere  your  Russian  comrades,  if 
you  applaud  Lenine  cind  Trotsky,  if  you  believe  in  the 
worthiness  of  their  cause,  in  the  accomplishment  of 
their  work,  then  it  is  your  duty  to  enter  the  Socialist 
movement  in  America,  to  make  it  more  like  Russia  is 
to-day. 

"We  must  choose  between  two  alternatives:  either 
Russia  lives  and  conquers  the  world — not  Russia  con- 
quers the  world,  but  the  present  ideals  and  philosophy 
worthy  of  the  Russian  Government  conquer  the  world 
— either  that ;  or  the  ideals  and  philosophy  of  Gary  and 
Wilson  and  Palmer,  Lloyd  George  and  Clemenceau 
are  to  conquer  the  world.  Between  the  two,  for  my 
part,  and  for  the  part  of  thousands  of  Socialists  now 
battling  in  America  to-day,  we  choose  to  stand  by  the 
ideas  and  philosophy  and  program  and  principles  of 
Lenine  and  Trotsky  as  those  we  approve." 

Mr.  Waldman  was  asked  what  he  meant  by  "enter- 
ing the  Socialist  movement  in  America  to  make  it  more 
like  Russia  is  to-day." 

He  replied:  "I  meant  it  in  connection  with  what  I 
said  preceding  that  phrase;  namely,  that  those  who 
work  shall  receive  the  full  product  of  their  toil.  Those 
who  do  not  work  shall  be  compelled  to  go  to  work  to 
earn  their  living.    A  situation  in  Russia  exists  where 


THE  SUSPENDED  ASSEMBLYMEN     143 

those  who  do  not  work,  by  reason  of  ownership  ol 
mines  and  mills  and  factories  and  banks,  are  put  to 
work;  and  if  they  are  not  willing  to  go  to  work,  they 
starve.  I  allege  that  here  we  have  a  reverse  economic 
condition:  that  millions  who  work,  as  a  rule,  starve; 
and  those  who  do  not  work,  live  upon  the  luxuries.  I 
say  in  that  respect,  I  prefer  the  condition  that  exists 
in  Russia  to-day." 

Mr.  Hillquit  concluded  his  examination  by  asking, 
"You  stand  for  industrial  democracy  as  against  indus- 
trial autocracy?"  • 

"That  is  my  position,"  replied  Mr.  Waldman. 

Mr.  Waldman  was  kept  on  the  stand  for  two  and 
one-half  days.  During  that  time  he  was  closely  ques- 
tioned by  all  the  committeemen,  and  by  Mr.  Conboy 
for  the  prosecution.  In  teply  to  the  insinuation  that, 
as  an  adopted  son  of  America,  he  had  not  shown  hi% 
gratitude,  Mr.  Waldman  replied  that  he  was  indeed 
grateful;  that  he  was  proud  of  America;  and  that  he 
had  endeavored  to  show  his  gratitude  by  taking  part  in 
the  Socialist  movement  and  the  labor  movement  for 
the  purpose  of  making  them  stronger,  healthier,  and 
more  effective,  that  they  might  do  the  largest  good  to 
the  greatest  number  of  American  people.  His  personal 
effort,  he  explained,  had  always  been  directed  toward 
constructive  work  for  the  benefit  of  the  country.  By 
the  country  he  explained  that  he  meant  the  people ;  he 
did  not  mean  the  economically  dominant  or  ruling 
class  which  always  sought  to  identify  itself  as  the 
country. 

On  cross-examination,  Mr.  Waldman  was  re- 
quested to  state  his  position  on  war.  He  said  he  was 
opposed  to  all  wars.  He  referred  to  an  anti-enlistment 
pledge  which  he  had  signed  in  the  latter  part  of  19 16. 
Mr.  Conboy  of  the  prosecution  Vvranted  to  know  how 
Mr.  Waldman  could  reconcile  with  that  the  oath  of  al- 


144  ALBANY 

legiance  he  had  taken  upon  becoming  a  citizen  of  the 
United  States. 

"At  the  time  these  slips  were  being  circulated,"  said 
Mr.  Waldman,  "the  country  was  divided  into  two 
camps  politically;  one  advocating  military  prepared- 
ness, the  other  opposing  military  preparedness.  One 
side  was  trying  to  force  the  President  of  the  United 
States  to  ask  Congress  to  finance  greater  military 
preparedness;  the  other  opposed  that  view,  trying  to 
keep  the  President  in  his  original  anti-military  po- 
sition. These  were  not  small  groups,  but  large  move- 
ments, lined  up  on  both  sides.  Those  who  were  in- 
terested in  establishing  a  larger  army  and  a  larger 
navy  were  circulating  petitions,  asking  everybody  to 
sign  them,  then  forwarded  them  to  the  President, 
pointing  out  to  him  how  many  citizens  of  the  United 
States  demanded  preparedness.  The  same  was  done 
by  the  other  side.  This  was  long  before  the  United 
States  entered  the  war. 

"It  was  at  a  time  when  we  maintained  neutrality. 
It  was  at  a  time  when  the  President  made  his  cam- 
paign for  reelection  on  the  slogan  "He  kept  us  out  of 
war,"  with  the  implication  that  he  WAS  going  to  keep 
us  out.  It  was  the  time  when  President  Wilson  was 
elected  against  Charles  Evans  Hughes  on  that  slogan. 
It  was  under  those  circumstances  and  even  prior  to 
this,  that  I  signed  this  pledge.  I  do  not  concede  that 
this  pledge  in  any  way,  shape  or  form  violates  my  oath 
of  allegiance  to  the  United  States.  I  am  ready  to  de- 
fend the  United  States  and  its  institutions  against 
enemies  internally  and  externally,  and  I  believe  that 
those  who  advocated  military  preparedness,  the  arm- 
ing of  the  nation  to  its  teeth,  are  those  who  are  leading 
the  country  to  destruction  and  ruin.  It  is  my  convic- 
tion that  those  who  advocate  large  inilitary  establish- 
ments in  any  country  are  the  enemies  of  the  country. 


THE  SUSPENDED  ASSEMBLYMEN     145 

Civilizations  in  the  past  which  have  rehed  upon  mili- 
tarism have  been  destroyed  by  militarism.  For  these 
reasons,  and  with  these  convictions,  I  signed  the 
pledge." 

"Norw,"  asked  Mr.  Conboy,  "in  this  pledge  taken  by 
you,  signed  by  you,  after  you  had  sworn  that  you 
would  support  and  defend  the  constitution  and  laws 
and  the  United  States  against  all  enemies,  foreign  and 
domestic,  you  say  that  you  pledged  yourself  against 
enlistment  as  a  volunteer  for  any  military  or  naval 
purpose  in  an  international  war,  offensive  or  defen- 
sive; now,  what  do  you  mean  by  a  defensive  war  in 
that  pledge?" 

"I  had  in  mind,"  said  Mr.  Waldman,  "the  situation 
that  existed  in  the  world  at  that  time.  Every  military 
country  was  pretending  to  fight  a  defensive  war.  With 
the  German  Kaiser  and  his  whole  military  machine 
saying  to  his  people  that  he  *was  fighting  a  defensive 
war;  with  Czar  Nicholas  in  proclamations  telling  the 
people  of  Russia  that  he  was  fighting  a  defensive  war, 
with  England  and  France  insisting  upon  the  same 
thing,  I  felt  my  position  was  sound  and  my  name  went 
down  to  that  pledge." 

Assemblyman  Evans,  a  member  of  the  Judiciary 
Committee,  here  interrupted,  saying,  "Did  not  you 
form  a  judgment  as  to  which  of  those  Czars  or  Kaisers 
were  telling  the  truth  or  not?" 

Mr.  Waldman  replied :  "On  this  I  shall  say  that  this 
war  was  prepared  by  the  social,  economic  and  politi- 
cal forces  operating  for  the  past  twenty  or  thirty 
years.  Since  the  beginning  of  this  century  Europe  has 
experienced  six  actual  wars  and  four  threatened  wars. 
With  such  an  experience  in  a  period  of  twenty  short 
years,  I,  for  one,  could  not  make  up  my  mind  that, 
had  the  Kaiser  not  done  this  or  that,  war  would  not 
have  broken  out.    War  was  the  logical  outcome  of  the 


146  ALBANY 

military  preparation  in  all  camps;  of  the  search  for 
colonies  in  all  camps;  of  the  search  for  possibilities 
of  investment  in  all  camps ;  in  the  secret  diplomacy  in 
all  camps,  in  the  desire  of  bankers  to  seek  opportuni- 
ties to  invest  their  money  in  all  camps ;  any  excuse 
would  have  been  a  good  excuse  for  them  to  start  this 
conflagration." 

To  the  interminable  questionings  of  the  prosecution, 
and  the  members  of  the  Committee,  Mr.  Waldman  in- 
sisted that  the  Socialist  Party  always  recognized  the 
fact  when  war  is  declared,  but  reserves  to  itself  the 
right  to  oppose  war  as  it  has  opposed  all  wars  in  the 
past. 

Assemblyman  Charles  Solomon  of  the  23rd  District, 
Kings  County,  then  took  the  stand.  He  stated  briefly 
his  personal  career  and  explained  the  bills  he  had 
sponsored  in  the  Assembly  during  his  service  the 
previous  year.  On  cross  examination.  Judge  Suther- 
land, of  the  prosecution's  counsel,  plimged  into  Mr. 
Solomon's  war  record. 

"You  openly  supported  the  St.  Louis  resolution,  did 
you  not,  in  many  speeches?"  asked  Mr.  Sutherland. 

"As  openly  as  I  found  it  necessary,"  replied  Mr. 
Solomon. 

"Did  you  not  say  here,  when  you  were  under  the 
friendly  examination  of  your  own  counsel,  that  you 
said  openly  that  you  supported  the  St.  Louis  plat- 
form?" 

"Why  surely,"  repHed  Mr.  Solomon,  "I  said  then 
and  I  say  now  that  I  supported  the  St.  Louis  plat- 
form." 

"You  do  not  want  to  edge  away  from  that,  do  you?" 

"No,  I  do  not  edge  away  from  it,"  said  Mr.  Solomon 
emphatically. 

Taking  up  another  point  in  the  St.  Louis  platform, 
Mr.  Sutherland  then  questioned  Mr.  Solomon  as  to 


THE  SUSPENDED  ASSEMBLYMEN     147 

the  "false  doctrine  of  national  patriotism  versus  the 
ideal  of  international  working  class  solidarity." 

To  this  Mr.  Solomon  replied : 

"I  say  that  there  is  a  false  doctrine  of  national  pa- 
triotism. I  know  it.  I  think  I  can  demonstrate  it, 
and  I  will  do  all  in  my  power  in  the  future,  I  hope,  to 
teach  the  workers  of  this  country  that  there  is  a  false 
doctrine  of  national  patriotism.  I  will  not  confine  my 
conduct  in  negative  action.  I  will  at  the  same  time 
endeavor  to  acquaint  them  with  what  I  understand  is 
the  true  doctrine  of  national  patriotism,  and  I  will 
characterize  any  doctrine  of  national  patriotism  which 
is  in  the  interests  of  the  preservation,  augmentation  of 
the  income  of  vested  interests  and  which  sends  the 
workers  in  this  or  any  other  country  into  bloody 
fratricidal  strife — I  will  characterize  such  a  doctrine  of 
national  patriotism  as  a  false  doctrine." 

Judge  Sutherland's  next  question  was: 

"When,  as  the  result  of  those  appeals  to  national 
patriotism,  our  boys  enlisted  and  marched  towards 
the  shores  and  towards  the  camps,  did  the  Socialist 
Party  encourage  them  to  follow  their  flag,  or  did  they 
stand  aside  and  wave  the  red  flag  and  sing  the  In- 
ternationale?" 

In  reply  Mr.  Solomon  declared: 

"I  never  saw  them  stand  aside  and  wave  the  red  flag 
and  sing  the  Internationale.  I  never  saw  them  do 
anything  to  discourage  them.  I  know  they  actively 
advised  them  to  obey  the  law.  I  know  many  Social- 
ists in  my  district  who  were  heart  and  soul  opposed 
to  the  war,  went  into  service  and  went  across  and* 
many  returned,  and  some  have  not.  Inasmuch  as  I 
believe  the  war  to  be  a  capitalistic  war,  I,  with  a  heavy 
heart,  registered  and  complied  with  the  law,  and  if  it 
were  not  for  the  fact  that  I  have  a  wife  and  two  chil- 
dren, I  would  undoubtedly  have  been  selected  and  I 


148  ALBANY 

would  have  gone  forth,  obedient  to  the  law,  but  be- 
lieving all  the  time  that  my  life  might  be  sacrificed 
in  the  interests  of  vested  interests  here  and  else- 
where." 

Quoting  at  length  from  the  St.  Louis  platform,  Mr. 
Sutherland  wanted  to  know  whether  the  Socialist  po- 
sition was  that  the  American  interest  in  the  European 
war  was  instigated  by  predatory  capitalists. 

Mr.  Solomon  answered: 

"I  will  say  this,  that  I  believe  that  given  large  capi- 
talist interests  with  direct,  pronounced,  and  over- 
whelming interest  in  a  given  war,  that  interest  being 
an  economic  interest,  you  will  have  a  powerful  in- 
centive to  impel  these  capitalist  groups  upon  a  course 
which  would  express  itself  in  propaganda  to  foment 
war,  and  once  having  succeeded  in  fomenting  war — 
in  a  general  sort  of  way,  let  me  give  you  a  little  in- 
formation along  the  lines  that  disclosures  have  been 
made  in  European  Parliaments,  and  by  European  pub- 
licists to  this  effect:  that  there  exist  in  Europe,  in- 
ternational rings  for  the  purpose  of  fomenting  interna- 
tional rivalries  and  that  these  rings  are  directly  and  in- 
directly associated  with  persons  who  are  profiteers  in 
war  goods  before  wars,  during  wars,  and  after  wars, 
ammunition  manufacturers  on  both  sides.  And  if  I 
have  the  time,  I  will  bring  here  for  the  Committee, 
so  it  might  go  into  the  record  if  the  Committee  so  de- 
sires, disclosures  to  that  effect,  by  well-known  pub- 
licists and  parliamentarians  in  Europe." 

Replying  to  the  charges  made  by  the  prosecution  as 
testified  by  Miss  Chivers,  Assemblyman  Solomon 
flatly  denied  her  accusation,  saying,  that  if  in  truth 
he  had  spat  on  the  United  States  flag,  "I  would  not  be 
here." 

After  being  under  fire  for  two  hours  and  a  half,  Mr. 


THE  SUSPENDED  ASSEMBLYMEN     149 

Solomon  left  the  stand,  and  the  final  witness  was 
called : 

Assemblyman  August  Claessens,  from  the  17th  Dis- 
trict of  Manhattan,  took  the  stand.  His  appearance 
was  the  signal  for  much  laughter  in  the  Assembly 
Chamber.  Mr.  Claessens  had  enjoyed  the  reputation 
throughout  previous  terms  of  being  a  humorist,  and 
his  round,  bald  head,  and  genial  countenance  served 
to  strengthen  this  belief.  His  short  stature  was  in 
striking  contrast  to  his  two  hundred-pound  opponent, 
Senator  Elon  R.  Brown,  who  did  his  best  to  trip  the 
Assemblyman.  For  an  hour  and  a  half,  the  House 
was  kept  rocking  with  laughter. 

He  explained  his  various  activities  in  his  two  years 
of  service  in  the  Assembly,  including  the  hundreds  of 
bills  that  he  had  voted  for,  and  the  hundreds  that  he 
had  opposed  because  he  was  sure  they  were  against 
the  people's  interests.  He  declared  that  of  all  the  nu- 
merous bills  he  had  introduced,  designed  to  be  of  bene- 
fit to  the  people  of  the  State,  not  one  had  been  al- 
lowed to  come  out  of  Committee,  or  had  been  passed 
on  the  floor. 

Assemblymen  Orr  and  DeWitt,  the  two  remaining 
unseated  Socialists,  were  not  called  to  the  stand,  inas- 
much as  no  accusation  had  been  made  against  them 
individually. 


CHAPTER    XI 

THE  SUMMING  UP  FOR  THE  DEFENSE- 
MR.  HILLQUIT'S  SPEECH 

Soon  after  the  testimony  of  the  five  accused  As- 
semblymen had  been  completed,  Mr.  Hillquit  entered 
upon  his  summing  up  for  the  defense. 

He  spoke  for  more  than  seven  hours,  and  was  lis- 
tened to  throughout  with  the  keenest  attention.  His 
speech  was  afterwards  characterized,  even  by  oppo- 
nents of  the  Socialists,  as  one  of  the  ablest  speeches 
ever  heard  in  the  Assembly  Chamber.  It  was  a  mas- 
terful tying  together  of  the  many  and  diverse  threads 
that  had  been  allowed  to  run  through  the  testimony 
introduced  in  the  trial.  It  was  not  so  much  a  politi- 
cal speech  as  a  survey  of  the  entire  Socialist  move- 
ment. It  dealt  not  only  with  the  matter  at  issue,  but 
with  history,  sociology  and  economics.  At  its  con- 
clusion, Mr.  Hillquit  received  congratulations  from 
every  side. 

At  the  outset  Mr.  Hillquit  referred  to  the  extraordi- 
narily wide  range  of  testimony  introduced  concerning 
all  subjects,  some  relevant,  and  some  irrelevant,  so 
that  in  summing  up,  counsel  was  confronted  with 
about  2,000  printed  pages,  referring  to  almost  every 
imaginable  matter  that  could  in  any  way  be  connected 
with  the  Socialist  movement  or  ascribed  to  the  So- 
cialist Party. 

After  reciting  the  charges  laid  down  in  the  resolu- 
tion of  suspension,  he  pointed  out  that  a  new  and  sup- 

150 


•     DEFENSE  SUMMING-UP  151 

piemental  charge  had  been  made  by  the  Chairman,  Mr. 
Martin,  in  his  statement  at  the  opening  of  the  trial. 

"Here,"  he  said,  "for  the  first  time  the  theory  of  a 
conspiracy  is  sprung  upon  us.  In  the  original  reso- 
lution these  five  members  of  the  Assembly  were 
charged  with  membership  in  a  political  party  and  it 
was  claimed  that  that  political  party  had  rendered 
itself  unfit  for  membership  of  a  political  community 
in  the  country  by  its  conduct." 

After  referring  to  the  "desperate  lengths  to  which 
the  framers  of  these  charges  went  when  they  prepared 
the  supplemental  charges,"  Mr.  Hillquit  went  on: 

"The  entire  supplemental  statement,  inasmuch  as  it 
is  supposed  to  be  part  of  this  proceeding,  in  so  far  as 
it  is  supposed  to  constitute  a  basis  of  additional  evi- 
dence against  these  Assembljrmen  not  in  the  charges, 
should  be  disregarded  from  the  beginning  to  the  end; 
should  be  thrown  out  of  your  minds  and  from  your 
consideration,  together  with  all  the  testimony  based 
upon  it. 

"The  charges  made  against  us,  the  charges  on  which 
we  were  summoned  here  to  defend  ourselves  before 
you,  are  charges  formulated  by  this  Assembly.  If 
any  additional  charges  were  to  be  made  against  us, 
there  was  only  one  way  of  effecting  it.  The  Assem- 
bly could  amend  or  supplement  its  resolution.  You, 
gentleimen  of  the  Committee,  could  not  do  it.  The 
agent  can  certainly  not  extend  the  authority  conferred 
upon  him  by  the  principal.  You  have  no  legal  right 
to  add  any  charges.  But,  if  there  was,  at  least,  a  sem- 
blance of  legality  or  propriety  in  those  additional 
charges  made  by  the  Committee  in  the  statement  read 
by  the  Chairman,  there  certainly  was  none  in  the 
further  additional  charges  made  by  counsel  for  the 
Committee ;  and  they  have  made  additional  charges. 

"It  seems  to  be  a  general  'free  for  all'  proceeding. 


152  ALBANY 

Here  are  five  men,  brought  before  a  court  on  some- 
thing or  other.  Everybody  who  feels  like  licking  thetn 
or  hitting  them,  goes  on  and  does  so. 

"Counsel  in  submitting  their  so-called  brief  at  the 
close  of  their  case,  I  repeat,  made  definite  and  adi 
ditional  new  charges  against  these  five  men.  They 
are :  first,  that  the  provision  contained  in  the  national 
constitution  of  the  Socialist  Party  prohibiting  mem- 
bers of  the  party  from  voting  for  any  appropriation 
for  military  or  naval  purposes  or  for  war,  is  in  con- 
flict with  the  provision  of  the  Constitution  of  the  State 
of  New  York,  which  enjoins  the  Legislature  to  make 
annual  appropriation  for  the  maintenance  of  the  mili- 
tia; and  that  consequently  that  fact  disqualifies  these 
five  men  from  taking  seats  in  the  Assembly.  I  am  not 
going  at  this  time  into  the  merits  of  this  contention. 
We  will  do  that  later,  but  I  call  your  attention  to  the 
fact  that  this  is  distinctly  a  new  charge,  not  contained 
in  the  resolution,  not  contained  even  in  the  Chairman's 
statement,  but  wholly  invented  by  counsel  for  the 
Committee. 

"Likewise,  the  charge  that  the  Socialist  Party  has 
for  its  purpose  the  substitution  of  the  Soviet  form  of 
government  in  the  United  States — that  was  not  con- 
tained in  any  of  the  previous  charges.  That  was  dis- 
covered by  counsel  for  the  Committee;  likewise,  that 
the  Socialist  Party  is  an  anti-national  party;  and 
finally,  counsel  for  the  Committee  take  it  upon  them- 
selves to  prefer,  formulate  and  state  specific  charges 
of  individual  misconduct  against  these  five  Assembly- 
men. I  call  attention  to  the  fact  that  when  the  resolu- 
tion was  adopted  there  was  no  such  charge,  or  shadow 
of  a  charge,  in  it.  But  in  order  to  conform  the  charges 
to  the  evidence  improperly  introduced,  specific  charges 
are  made  against  each  one  of  the  five  Assemblymen; 
and  the  learned  counsel  for  the  Committee  even  goes 


DEFENSE  SUMMING-UP  153 

so  far  as  to  suggest  that  these  five  men  are  guilty  of 
a  violation  or  violations  of  the  Espionage  Law,  and 
should  be  convicted  under  the  terms  of  the  Espionage 
Law. 

"To  what  extent  counsel  for  the  Committee  have 
gone  in  the  preparations  and  formulation  of  charges 
against  these  five  men  can  be  best  judged  by  this :  that 
they  have  had  the  hardihood  to  take  up  the  records  of 
these  men  in  previous  sessions  of  the  Assembly  and 
to  make  that  a  basis  of  criticism.  If  ever  there  was 
a  sacred  right  recognized  in  the  political  fabric  of 
our  country,  it  is  the  untrammeled  right  of  an  elected 
representative  to  any  legislature,  State  or  National,  to 
speak  his  mind  freely  and  according  to  the  dictates  of 
his  conscience,  to  vote  and  act  upon  all  measures  be- 
fore him  as  an  absolutely  free  and  untrammeled  agent. 
And  our  constitution  specifically  provides  that  the  acts 
and  votes  of  members  of  the  legislature  should  not  be 
questioned  anywhere  else  in  any  proceeding  of  any 
kind. 

"Nor  is  that  all.  Counsel  goes  so  far  as  to  make 
this  charge  with  reference  to  August  Claessens,  that 
during  his  terms  of  office,  he  introduced  affirmative 
legislation  of  an  offensive  character.  Think  of  it! 
Have  they  come  down  to  the  point  where  a  measure 
introduced  by  a  member  of  your  House  or  of  any  other 
legislative  body — which  to  him  we  must  assume, 
represents  a  measure  of  public  welfare — that,  not  per- 
sonal misconduct,  not  personal  misbehavior,  but  a 
measure  of  affirmative  legislation,  subsequently  hap- 
pens not  to  meet  with  the  approval  of  learned  coun- 
sel for  your  Committee,  is  made  a  basis  of  a  proceed- 
ing for  their  removal  from  the  Assembly? 

"I  merely  point  that  out  to  show  to  your  Commit- 
tee the  length  to  which  this  modification  of  charges 
has  gone,  the  piling  of  charges  upon  charges;  and  I 


154  ALBANY 

again  respectfully  repeat  that  with  respect  to  all  these 
new  charges  discovered  by  counsel  for  your  Commit- 
tee, they  are  not  before  you.  You  have  no  right  to 
go  into  them.  You  have  no  authority  from  your  par- 
ent body  for  it.  You  must  disregard  them  and  dis- 
regard all  the  evidence  in  connection  with  them.  You 
know  this  proceeding  otherwise  will  certainly  set  a 
precedent,  a  very  novel  precedent  in  the  jurisprudence 
of  this  country. 

"Imagine  for  a  moment  a  defendant  charged  with 
larceny  brought  into  trial.  The  District  Attorney  tries 
the  case  upon  an  indictment  of  forgery.  The  judge 
submits  it  to  the  jury  upon  the  theory  of  ARSON, 
and  perhaps  the  jury  brings  out  a  verdict  of  AS- 
SAULT AND  BATTERY.  This  is  practically  what 
you  have  before  you,  for  the  evidence,  no  doubt,  in 
that  connection  would  show  that,  even  with  all  this 
latitude,  with  all  this  superstructure  of  various 
charges,  the  evidence  is  not  confined  to  the  charges. 

"Now  with  reference  to  that  evidence,  there  is  one 
point  I  wish  to  make,  and,  gentlemen  of  the  Commit- 
tee, I  wish  to  impress  that  upon  your  minds  as 
strongly  as  I  can.  .  .  .  The  evidence  so  absolutely  dis- 
torts the  vision  of  those  who  read  it  as  to  the  subject 
with  which  it  deals,  as  to  be  absolutely  worthless  and 
worse.  My  criticism  is  based  upon  two  points,  not  so 
much  on  the  point  that  utterances,  platforms,  declara- 
tions and  other  statements  of  the  party  or  certain  in- 
dividuals have  been  misconstrued  or  misread;  that 
may  happen ;  but  there  is  another  important  point :  the 
testimony  is  so  one-sided  as  absolutely  to  blur  your 
vision.    Let  me  tell  you  what  I  mean  by  it. 

"The  Socialist  movement,  in  its  modern  phases,  is 
about  70  or  75  years  old.  It  has  produced  a  literature 
of  hundreds  upon  hundreds  of  volumes  in  all  modem 
languages.     The   Socialist  movement  in  the  United 


DEFENSE  SUMMING-UP  155 

States  is  almost  half  a  century  old.  The  present  party 
is  twenty  years  old.  It  has  had  numerous  conven- 
tions, national,  state  and  local.  It  has  adopted  hun- 
dreds of  official  documents  of  all  kinds.  Its  press  is 
large. 

"You  take,  for  instance,  The  Call  alone,  which  has 
been  cited  here  so  often.  It  is  a  daily.  There  are  365 
editions  of  it  every  year.  It  is  in  its  thirteenth  year 
of  existence.  Consequently  it  has  published  roughly 
about  4,500  numbers.  Each  of  them  contains  an  aver- 
age of  from  four  to  five  editorials  or  contributed  ar- 
ticles. Consequently  that  paper  alone  has  published 
about  20,000  different  editorials,  expressions  and  con- 
tributed articles.     Now,  this  is  only  one  paper. 

"The  Socialist  Party  at  all  times  has  had  an  average 
of  about  100  papers,  daily,  weekly,  monthly,  in  Eng- 
lish and  other  languages,  supporting  its  policies. 
Imagine  how  many  statements  of  all  kinds  have  been 
made.  In  its  campaigns  almost  every  member  of  the 
Socialist  Party  is  a  speaker,  a  propagandist.  Millions 
of  Socialist  speeches  have  been  made  in  this  country 
within  the  last  couple  of  decades.  Now,  here  is  my 
point:  Every  indiscreet  statement  that  creeps  into 
our  literature,  our  press,  or  our  public  forum,  every 
foolish,  irresponsible  statement — and  such  are  bound 
to  occur  occasionally — are  at  once  seized  upon  by  our 
professional  opponents,  the  £Uiti-Socialist  League,  the 
National  Civic  Federation,  etc.,  and  are  immortalized. 
They  are  transm.itted  from  book  to  book  and  from 
paper  to  paper,  and  then  all  are  collected  and  turned 
over,  ready-made,  to  a  Lusk  Committee  or  any  other 
committee  that  investigates  great  social  problems. 

"Learned  counsel  on  the  other  side,  I  make  bold  to 
state,  have  practically  every  incriminating  utterance  of 
any  kind  ever  made  by  the  Socialist  Partj^  or  any  of 
its  subdivisions  or  any  of  its  members,  or  any  of  its  ad- 


156  ALBANY 

herents,  or  of  any  one  who  ever  called  himself  a  So- 
cialist. And  what  do  they  produce  before  you? 
Twenty,  thirty,  forty  utterances,  and  they  ask  you  to 
judge  the  character  of  the  Sociahst  Party  by  these. 
What  becomes  of  the  millions,  the  thousands  and  hun- 
dreds of  thousands  of  other  expressions  of  the  Social- 
ist Party  which  are  perfectly  proper  and  which  are 
not  brought  up  here?  Do  you  think  you  can  get  a  real 
conception  of  the  Socialist  movement  by  reading  these 
conglomerations,  these  collections  of  slip-ups,  if  you 
want,  and  nothing  else?  nothing  of  the  whole  litera- 
ture, proclamations,  speeches  and  statements  of  the 
Socialist  Party? 

"Imagine  I  am  a  foreign  correspondent  in  the 
United  States  and  I  am  reporting  upon  conditions  in 
the  United  States.  I  am  perfectly  truthful  except  that 
I  select  my  material.  I  don't  care  for  marriages.  I 
don't  care  for  births.  I  don't  care  for  parties.  I  don't 
care  for  ordinary  politics.  I  don't  care  for  the  ordi- 
nary every-day  life  of  the  United  States;  but  every 
crime,  every  murder,  every  assault,  every  lynching, 
every  boycott,  every  political  scandal,  I  report  at  once. 
In  every  case,  I  am  painstakingly  truthful.  V/hat  con- 
ception will  they  get  on  the  other  side?  Why,  the 
United  States  is  a  country  of  perpetual  war.  There  is 
nothing  but  crimes  committed  there.  It  is  the  most 
lawless  nation  existing. 

"Would  that  be  correct?  No.  Would  they  have  a 
right  to  arrive  at  those  conclusions  upon  a  basis  of 
this  testimony  before  them?  Yes.  Is  the  testimony 
false?  Not  formally  so,  but  actually  it  is.  It  is  true 
in  the  dry  word.  It  is  a  lie  in  its  soul  and  substance 
all  through.  That  is,  gentlemen,  the  nature  of  the  tes- 
timony before  you. 

"Think  of  it !  To  drag  in  here  the  one  indiscreet  ar- 
ticle written  by  Victor  L.  Berger,  in  1909,  eleven  years 


DEFENSE  SUMMING-UF  157 

ago,  a  man  sixty  years  old,  editor  of  a  daily  paper, 
writing  day  after  day ;  he,  once  in  a  moment  of  caprice 
or  whim,  as  it  may  happen,  writes  one  article  which 
makes  him  the  butt  of  his  friends.  It  does  not  repre- 
sent him  truly.  It  is  not  a  very  incriminating  article, 
if  you  read  it,  knowing  Victor  L.  Berger,  but  it  con- 
tains some  extravagant  statements.  Gentlemen,  which 
one  of  you  as  a  professional  writer  does  not  have  one 
such  slip-up  on  his  conscience  in  a  career  of  thirty 
or  forty  years  of  daily  newspaper  work?  From  that 
you  are  asked  to  infer  not  only  that  Victor  L.  Berger 
is  a  firebrand — and  he  is  just  the  opposite — ^but  that 
the  party  endorses  and  approves  of  that  one  little  slip 
of  his  and  that  we  stand  for  violent  revolution. 

"There  is  a  man  by  the  name  of  Perrin,  who,  per- 
haps indiscreetly,  is  engaged  on  The  Call.  He  writes 
an  article,  a  shocking  article,  I  admit.  We  all  admit 
it.  We  read  it  the  next  day,  and  the  telephone  wire 
of  The  Call  begins  to  get  busy.  How  does  an  article 
of  this  kind  come  to  be  printed  in  The  Call?  The  man 
is  fired,  but  the  article  is  here,  and  it  is  asked  of  you 
that  you  make  it  a  basis  of  decision  as  to  the  quali- 
fication, the  eligibility,  of  these  five  men,  who  at  the 
time  were  not  of  age,  and  who  at  no  time  approved  of 
the  article;  because  the  Socialist  Party  distinctly  dis- 
approved of  it. 

"You  produce  every  kind  of  gossip  that  you  can 
possibly  get.  There  is  a  man  who  ran  against  one  of 
these  men  and  was  beaten  by  him.  Naturally  he  is 
somev/hat  sore,  and  he  has  certain  opinions  about  his 
opponent.  He  is  allowed  to  testify  as  to  them.  Then 
there  is  another  man  who  goes  around,  heckles  speak- 
ers and  gets  answers.  He  makes  no  notes.  The 
speeches  are  oral.  Of  course,  he  comes  here  and  gives 
his  version  of  it,  and  it  goes  in. 

"Finally  you  call  an  'expert,'  an  'expert  on  Social- 


158  ALBANY 

ism,*  the  only  expert  you  gentlemen  of  counsel  for  the 
Committee  have  called.  You  know  Socialism  by  this 
time  is  not  a  hidden  mystery.  It  is  a  perfectly  well- 
known  subject.  The  libraries  are  filled  with  it.  It  is 
a  science.  It  is  taught  in  the  colleges  and  universities 
as  part  of  political  economy.  Whether  you  agree  or 
disagree  with  it,  it  is  there.  You  want  authorities, 
non-Socialists.  Why  don't  you  call  some  one  who  has 
made  a  study  of  it;  call  the  professor  of  any  univer- 
sity, a  non-Socialist  who  knows  the  subject — Profes- 
sor Ely  or  Professor  Cummings?  Instead,  there  is  a 
certain  man,  a  professional  anti-Socialist.  He  knows 
his  Socialism  from  the  various  excerpts  I  have  referred 
to  and  from  talks  to  individual  Socialists.  He  comes 
before  you,  and  you  ask  him  what  is  the  Socialist  at- 
titude on  religion?  'Oh,  hostile!'  How  do  you  know? 
*I  spoke  to  thousands  of  Socialists  about  it!'  And  if 
you  do  not  believe  him,  all  you  have  to  do  is  to  call 
those  thousands  of  unnamed  Socialists  in  rebuttal ! 

"You  might  as  well  take  a  policeman  who  makes 
love  to  the  maid  of  a  great  authority  on  geology  and 
call  him  as  an  authority  on  geology,  because  he  knows 
all  the  kitchen  gossip  of  an  authority  on  geology.  That 
is  precisely  what  Collins  did.  To  all  those  who  know 
anything  about  law,  that  is  a  joke.  In  a  serious  body 
of  this  kind,  in  a  proceeding  of  this  kind,  to  introduce 
these  Socialist  or  anti-Socialist  rumors  as  authorities 
when  you  could  have  had  so  many  competent  authori- 
ties, by  no  means  pro-Socialist, — people  who  have 
made  a  study  of  it,  and  who  have  the  proper  qualifica- 
tions ! 

"All  that  testimony  has  introduced  ill-defined  or 
non-defined  charges;  and  we  are  now  called  upon  to 
meet  all  of  them  indiscriminately." 

After  pointing  out  that  many  of  the  charges  and 
much  of  the  evdence  produced  had  been  irrelevant 


DEFENSE  SUMMING-UP  159 

to  the  issues  involved  in  the  proceedings,  and  that  they 
were  outside  and  beyond  the  scope  of  the  Committee's 
authority,  Mr.  Hillquit  then  summarized  the  charges 
against  the  accused  Assemblymen  under  eight  main 
heads. 

"First:  that  the  Socialist  Party  is  a  revolutionary 
organization. 

"Second :  that  it  seeks  to  attain  its  ends  by  violence. 

"Third:  that  it  does  not  sincerely  believe  in  politi- 
cal action,  and  that  its  politics  is  only  a  blind  or 
camouflage. 

"Fourth:  that  it  is  unpatriotic  and  disloyal. 

"Fifth:  that  it  is  unduly  controlled— or  that  it  un- 
duly controls — public  officials  elected  on  its  ticket. 

"Sixth:  that  it  owes  allegiance  to  a  foreign  power, 
known  as  the  Internationale. 

"Seventh:  that  it  approves  of  the  Soviet  Govern- 
ment of  Russia  and  seeks  to  introduce  a  similar  regime 
in  the  United  States ;  and,  finally : 

"Eighth:  that  the  Assemblymen  personally  opposed 
prosecution  of  the  war  and  gave  aid  and  comfort  to 
the  enemy. 

"I  wish  to  call  your  attention  at  this  time  to  the 
fact  that  the  only  charge  against  the  Assemblymen 
individually,  improperly  introduced  as  we  claim  it  to 
be,  is  the  last  or  eighth  charge.  To  this  charge  I  leave 
my  colleague,  Mr.  Stedman,  to  reply.  Personally,  I  am 
concerned  in  this  argument  with  the  first  seven 
charges.  All  of  these  charges,  if  you  examine  them 
carefully,  are  distinctly  charges  against  the  Socialist 
Party  as  such. 

"In  other  words,  it  is  the  Socialist  Party  of  the 
United  States  that  is  on  trial  before  you.  On  its  quali- 
fication to  be  a  member  of  the  political  community  of 
this  country,  your  decision  will  depend.  Hence,  it  is 
very  important  for  your  committee  to  know  some- 


i6o  ALBANY 

thing  more  or  less  definite  about  this  Socialist  Party 
which  is  on  trial  before  you. 

"The  first  charge  is  that  it  is  a  revolutionary  organi- 
zation. This  charge  appears  in  the  resolution  of  the 
Assembly  itself,  v/hich  recites  that  the  Socialist  Party 
at  its  national  convention  in  August,  19 19,  did  pledge 
itself  and  its  members  to  the  furtherance  of  the  in- 
ternational Socialist  revolution.  Then  also,  there  is 
your  Chairman's  statement  in  three  specific  forms: 
First,  that  the  Assemblymen,  with  others,  are  engaged 
in  a  conspiracy  to  subvert  the  due  administration  of 
law;  to  destroy  the  right  to  hold  and  own  private 
property  honestly  acquired;  to  weaken  the  family  tie, 
which  they  assert  is  the  seed  of  capitalism ;  to  destroy 
the  influence  of  the  Church;  that  the  platform  of  the 
Socialist  Party  calls  for  the  complete  destruction  of 
our  form  of  Government;  finally  that  the  Socialist 
Party  is  in  favor  of  absolute  substitution  of  minority 
for  majority  rule. 

"We  come  thus  squarely  to  the  question:  What  is 
the  Socialist  Party  of  the  United  States?  What  are 
its  aims,  its  objects  and  its  methods? 

"I  think  this  is  highly  important  for  all  of  you  to 
understand  that,  or  at  least  our  view  of  it.  It  would 
be  somewhat  too  simple,  almost  childish,  naive,  to 
describe  the  Socialist  movement  in  this  country,  in 
every  country  in  the  world,  a  movement  which  has 
sprung  up  many  decades  ago,  a  movement  v/hich  has 
proceeded  and  is  growing  and  has  now  gone  forward, 
a  movement  which  is  in  full  control  of  a  number  of 
very  important  countries  of  Europe — I  would  say  it 
would  be  childish  to  ascribe  it  to  the  machinations,  to 
the  malevolence  or  malice,  of  a  few  agitators  who  just 
go  out  in  order  to  create  disturbances  and  to  create 
a  movement  of  opposition. 

"A  movement  of  such  age  and  such  achievements, 


DEFENSE  SUMMING-UP  i6i 

as  well  as  dimensions,  must  have  some  more  real, 
some  more  rational  cause;  and  I  believe  that  if  the 
special  legislative  committee  wanted  to  investigate 
into  the  cause  and  conditions  of  radical  movements 
in  this  country — and  your  Committee  also — and  would 
start  with  this  inquiry :  'What  causes,  what  produces, 
the  Socialist  movement  here  or  elsewhere?' — you 
would  come  very  much  closer  to  a  scientific,  satisfac- 
tory and  rational  solution  of  the  question  confronting 
you. 

"We  Socialists  differ  somewhat  from  the  other  po- 
litical parties  in  our  first,  and  cardinal  assumption, 
which  is  that  organized  government  everywhere  has 
for  its  primary  object  and  function  to  secure  the  physi- 
cal, mental,  moral,  and  spiritual  well-being  of  its  mem- 
bers. We  do  not  consider  the  Government  as  a  mere 
policeman  sitting  over  us  and  passing  upon  our  daily 
quarrels.  We  believe  the  functions  of  the  Govern- 
ment are  more  substantial,  more  vital ;  and  in  that  we 
really  do  more  than  endorse,  and  perhaps  extend,  the 
very  well-known  declaration  which  the  founders  of 
this  republic  have  made  popular  all  over  tlie  world — 
that  the  object  of  every  government  and  of  every  peo- 
ple is  to  attain  and  maintain  the  right  to  life,  liberty 
and  the  pursuit  of  happiness. 

"To  us,  these  are  not  phrases  to  be  recited  glibly 
on  the  Fourth  of  July.  To  us,  this  declaration  is  a 
living  truth.  What  we  mean  when  we  assert  the  right 
of  the  people  to  life,  is  the  right  of  the  people  actually 
to  live ;  not  merely  to  breathe,  but  to  have  the  means 
of  sustaining  and  maintaining  their  lives;  to  have 
food,  to  have  clothing,  to  have  shelter,  to  have  all  the 
means  to  sustain  modern  civilized  life. 

"When  we  speak  of  liberty,  v/e  do  not  mean  merely 
a  condition  outside  of  jail.  We  m.ean  by  it  the  actual 
political  and  economic  independence;  the  freedom  of 


1 62  ALBANY 

men  from  men;  the  equal  freedom  of  all  in  so  far  as 
such  freedom  is  compatible  with  the  existence  of  or- 
ganized government. 

"And  when  we  speak  of  the  right  to  the  pursuit  of 
happiness,  we  mean  the  right — the  concrete  right — of 
every  man,  woman  and  child  in  this  country  and  every 
other  country,  to  life,  to  sunshine,  to  air,  to  enjoyment, 
to  amusement,  to  the  blessings  of  civilization;  to  the 
products  of  art  and  science.  We  mean  by  it  the  right 
to  enjoy  life  as  fuUy,  as  nobly,  as  the  best  members 
of  our  community  are  privileged  to  do=  And  starting 
out  with  these  premises,  we  say  that  neither  our  Gov- 
ernment nor  any  other  modern  government  has  at  all 
achieved  those  fundamental  objects  or  functions  for 
which  they  have  been  organized. 

"We  say  that  every  advanced  country  can  to-day, 
at  the  present  state  of  development,  easily  assure  the 
physical  and  moral  and  mental  well-being  of  every 
member  of  such  country;  that  it  can  produce  with 
modern  resources  all  the  food,  all  the  clothing,  all  the 
necessaries  of  life,  so  as  not  to  suffer  any  one,  any 
member,  of  the  community  to  go  hungry  or  to  go  in 
misery  in  his  daily  existence. 

"Take  our  own  country,  the  United  States.  Here 
we  probably  have  the  most  striking  illustration  of  this 
proposition.  Here  is  a  great  and  powerful  country, 
3,000  miles  wide,  3,000  miles  long,  blessed  with  every 
element  of  natural  wealth.  The  land  is  abundant, 
mostly  fertile.  It  produces  products  of  practically 
every  clime,  and  produces  them  in  abundance.  We 
have  inexhaustible  wealth  of  metals  and  minerals  and 
forests;  we  have  coast  lines  on  both  sides  from  one 
end  of  the  country  to  the  other.  We  have  ports,  we 
have  waterways,  and  we  have  an  alert,  active,  capable, 
population  of  over  100,000,000,  of  whom  the  vast  ma- 
jority is  capable,  ready  and  eager  to  lend  a  hand  in 


DEFENSE  SUMMING-UP  163 

the  production  of  the  wealth  required  for  the  suste- 
nance of  the  life  of  the  nation. 

"We  have  developed  the  modem  processes  of 
wealth-production  to  such  an  extent  that  we  can  pro- 
duce to-day  ten  times,  in  some  cases  100  times,  more 
than  our  fathers  or  forefathers  could  with  the  same  ef- 
fort. We  have  an  industrial  organization  the  like  of 
which  history  has  never  known.  If  all  this  wealth,  if 
all  these  resources,  if  all  these  great  industrial  factors 
had  been  scientifically,  rationally,  and  reasonably  or- 
ganized, there  is  no  reason  in  the  world  why  there 
should  be  slums  in  any  of  our  cities ;  why  there  should 
be  under-feeding  of  children,  an  appalling  child  mor- 
tality; why  there  should  be  want;  why  there  should 
be  misery;  why  there  should  be  those  ghastly  strug- 
gles for  existence  going  on  in  the  heart  of  this  country 
day  after  day. 

"But  our  industrial  systems  are  not  organized  ra- 
tionally. In  fact,  they  are  not  organized  at  all.  The 
people  of  this  country,  as  the  people  of  every  country, 
do  not  own  their  countries,  and  that  is  the  fundamen- 
tal charge,  the  fundamental  indictment,  of  Socialism 
against  the  present  conditions.  It  is  not  the  people  of 
the  United  States — the  one  hundred  million  men, 
women  and  children  who  constitute  the  people — that 
own  the  United  States. 

"There  is  a  tremendous  stretch  of  land,  a  large  slice 
of  the  surface  of  the  globe,  that  should  be  the  common 
heritage  of  all  those  who  live  on  that  land,  but  it  is 
not.  It  has  been  parceled  out,  divided  up  into  lots 
and  plots,  and  has  been  turned  over  by  gradual  proc- 
esses to  a  comparatively  small  number  of  landhold- 
ers, who  own  the  surface  of  the  United  States  and  by 
whose  permission  the  rest  of  the  people,  who  own  no 
land,  work. 

"More  than  seventy  per  cent  of  the  people  of  the 


i64  ALBANY 

United  States  owe  their  ability  to  walk  on  the  streets 
of  the  country,  to  live  in  the  houses  of  the  country,  to 
special  license  which  is  given  to  them  by  the  land- 
owning class.  When  we  come  to  the  natural  wealth 
below  the  surface  of  the  earth — the  vast  stocks  of 
minerals,  of  metals,  the  stocks  which  a  benevolent  Na- 
ture has  created  in  the  course  of  many  thousands  of 
years,  and  upon  which  to-day  we  depend  for  our  light, 
for  our  heat,  for  our  energy,  in  production  of  wealth — 
we  find  another  group,  and  a  comparatively  small 
group,  of  our  fellow  citizens  who  hold  that  as  against 
the  rest  of  the  whole  country  and  who  say,  'This  is 
ours ;  the  Almighty  God  has  not  meant  the  sources  of 
life  for  the  people  who  need  it  for  their  lives ;  no,  the 
Almighty  God  has  meant  it  for  us  to  turn  it  into  fran- 
chises, to  capitaHze  it  into  stocks  and  bonds,  to  derive 
profits,  and  make  our  individual  fortunes  on  it/  So  it 
is  with  the  oil  wells;  and  with  the  great  arteries  of 
trade  and  commerce  and  life  in  this  country — the  rail- 
roads ;  and  so  with  our  factories ;  with  the  marvelous 
machinery  of  modern  production  produced  by  the 
agency  of  many  generations  past  as  well  as  present— 
the  natural  heritage  of  all  men.  They  are  owned,  they 
are  claimed  by  a  small  minority,  comparatively — a 
handful  of  the  people  hold  it  as  against  the  rest  of  the 
country. 

"The  situation  is  this,  for  the  majority  of  the  people, 
the  working  class  of  the  United  States :  they  stand  to- 
day, ready,  v/illing,  eager  and  highly  capable  of  turn- 
ing those  natural  resources,  that  rav/  wealth,  into  con- 
sumable products  for  themselves,  their  v/ives  and  chil- 
dren; to  turn  it  into  food;  to  turn  it  into  clothes;  to 
turn  it  into  dwellings ;  to  turn  it  into  other  necessaries. 
They  can  do  it,  except  that  they  cannot  do  it  at  this 
time  without  the  use  of  modern  implements  of  labor; 
they  cannot  do  it  without  the  natural  resources,  the 


DEFENSE  SUMMING-UP  165 

raw  material.  Between  them  and  their  lives  stands 
that  small  capitalist  class,  which  says:  'Hold  on,  this 
is  ours,  the  land  and  the  fullness  thereof,  the  land  and 
all  above  it,  and  all  below  it,  is  ours ;  and  if  you  want 
to  live,  if  you  want  to  eat,  if  you  want  to  work,  you 
must  first  secure  a  license  from  us,  and  such  license  we 
shall  not  give  you  unless  you  stipulate  to  pay  us  a 
tribute ;  unless  you  stipulate  to  turn  over  to  us  for  our 
personal  profits  a  large  and  substantial  portion  of  the 
product  of  your  toil.' 

"And  the  great  masses  of  the  American  people,  as  is 
the  case  with  the  great  masses  of  the  people  in  every 
modern  country,  by  permission  of  this  small  class  of 
industrial  autocrats  they  work  or  they  starve  accord- 
ing to  the  dictates  of  that  class.  If  a  time  arrives  when 
it  does  not  pay  the  owning  class  to  continue  the  in- 
dustries of  the  country,  they  are  not  responsible  to 
anybody  for  continuing  them.  They  shut  their  fac- 
tories, their  mines  and  mills;  they  throw  millions  of 
workers  out  of  employment,  cause  the  direst  poverty, 
because  it  suits  their  business  ends.  And  the  whole 
country  stands  there,  impotent,  pov/erless  to  interfere 
with  this  industrial  autocracy ;  absolutely  impotent  to 
assert  itself. 

"And  so  we  have  all  the  special  social  evils  of  mod- 
em days,  resulting  from  this  condition;  so  we  have 
the  few  millionaires  and  multi-millionaires  in  this 
country;  and  we  have  the  millions  and  millions  of 
men,  women  and  children,  whose  whole  life  is  one  of 
toil  and  privation,  deprived  of  all  joy,  all  sunshine,  all 
life,  in  the  actual  sense  of  the  term.  We  have  the  class 
of  the  idle,  who  take  pleasure  after  pleasure,  without 
rendering  any  useful  service  to  society;  and  on  the 
other  hand  v/e  have  the  children  of  the  poor  beginning 
their  lives — their  joyless  lives — in  the  factories,  at  a 
tender  age;  groiWing  up  stunted  physically,  mentally 


1 66  ALBANY 

and  in  every  other  way,  making  miserable  citizens, 
making  a  weak  foundation  for  the  hope  of  the  future 
generations. 

"Now  then,  we  have  made  that  indictment ;  we  have 
made  it  more  than  once,  but  once  in  a  while,  we  are 
met  with  this  simplified  statement,  'Well,  if  you  don't 
like  this  country,  what  is  there  to  hold  you?  Take  the 
first  ship  and  go  elsewhere/  -.  .  . 

"An  argument  more  silly  and  more  immoral  has 
never  been  advanced.  I  say  'silly'  because  it  is  not  the 
United  States  alone  in  which  these  conditions  prevaiL 
They  prevail  in  every  modern  country.  Our  com- 
plaint is  not  specifically  against  the  regime  or  system 
of  the  United  States.  It  is  an  indictment  of  our  whole 
capitalist  society. 

"'Leave  this  country;  go  to  a  country  that  suits 
you  better.'  Just  think  of  that  argument,  gentlemen. 
Suppose  in  this  city  of  Albany,  you  have  by  misfor- 
tune a  corrupt,  incompetent  administration  on  account 
of  which  you  find  your  streams  polluted,  the  sanitary 
conditions  neglected,  your  health  menaced,  your  exist- 
ence poisoned.  A  number  of  citizens  may  get  together 
and  protest  against  these  conditions,  against  this  ad- 
ministration and  its  misdeeds ;  and  this  political  ring 
or  its  adherents  turn  to  such  protesting  citizens  and 
say,  'Gentlemen,  if  conditions  in  Albany  don't  suit  you, 
there  are  plenty  of  other  cities  in  the  United  States. 
You  may  go  elsewhere.' 

"Suppose,  to  take  another  illustration,  you  and  I 
and  somebody  else  entered  into  a  partnership  in  busi- 
ness, and  have  given  our  joint  efforts  to  this  business 
for  years  and  years.  At  a  certain  moment,  I,  as  one  of 
the  parties,  discover  that  another  partner  of  mine  has 
been  inefficient,  perhaps  dishonest,  that  the  business 
is  suffering,  going  to  the  bad,  our  joint  interest  being 
gradually  destroyed.    I  try  to  introduce  reforms  in  our 


DEFENSE  SUMMING-UP  167 

business  management  and  methods,  and  the  very  part- 
ner who  profits  perhaps  by  his  own  dishonesty  turns 
to  me  and  says,  'If  you  don't  like  the  way  we  conduct 
this  business,  there  is  nothing  to  hold  you  in  this  busi- 
ness of  partnership ;  you  can  get  out.' 

"You  would  not  consider  this  a  good  argument,  and 
so  exactly  does  the  argument  present  itself  to  us.  Bear 
in  mind,  once  and  for  all,  we  take  the  position  that 
America  is  ours  just  as  much  as  it  is  yours ;  that 
America  is  ours  just  as  much  as  it  is  that  of  any  other 
class  of  persons  or  individuals  in  this  country.  These 
men  here,  these  five  Assemblymen  under  charges, 
come  here  as  representatives  of  many  thousands  of 
workingmen  who  have  given  probably  their  youth, 
iprobably  the  greater  part  of  their  lives,  to  the  en-* 
hancement  of  the  wealth  and  prosperity  of  this  coun- 
try, to  making  it  what  it  is,  great  and  powerful  and 
prosperous ;  these  men  have  a  right  to  say  to-day  that 
the  wealth  which  they  have  helped  create  be  equally 
or  at  least  equitably  distributed,  and  that  the  workers 
have  a  proper  share  of  it  and  a  proper  share  of  life. 

"They  are  not  going  to  quit  this  country.  They  do 
not  have  to  quit  this  country  any  more  than  you. 
They  propose  to  stay.  They  propose  to  contribute  the 
best  that  is  in  them  for  the  advancement,  for  the  bene- 
fit, for  the  betterment  of  this  country,  and  also  for  the 
bringing  in  of  a  better,  juster  social  system  of  wealth 
production  and  wealth  distribution. 

"Had  it  been  merely  an  economic  question,  perhaps 
it  would  not  have  been  so  vital  as  it  is  now,  but  it  isn't 
purely  an  economic  question.  It  is  much  more  than 
that.  It  goes  to  the  very  substance,  to  the  very  life 
nerve  of  our  national  existence.  You  see  that  these 
conditions,  under  which  a  small  class  owns  the  coun- 
try and  a  larp;e  populous  class  v/orks  for  it,  have 
created  what  we  have  referred  to  here  in  the  evidence, 


i68  ALBANY 

as  a  class  struggle ;  and  we  have  been  foolishly  charged 
with  fomenting  that  class  struggle. 

"Do  you  know,  gentlemen,  we  are  the  only  politi- 
cal party  that  not  only  is  not  fomenting  class  strug- 
gles, but  tries  to  eliminate  all  classes  and  all  class 
struggles?  But  the  fact  of  the  matter  is  that,  under 
present  conditions,  there  is  nothing  but  the  struggle 
of  classes  in  the  country.  You  may  not  call  it  strug- 
gle; you  may  call  it  antagonism,  but  it  is  a  vital  an- 
tagonism. 

"It  is  found  throughout  the  entire  field  of  our  life 
and  economy.  It  exists  between  employer  and  worker 
everywhere,  whether  it  expresses  itself  in  strikes  or 
walkouts  or  blacklists,  or  not  at  all;  or  whether  the 
personal  relations  between  employer  and  employee 
are  very  bitter,  or  on  the  contrary  very  friendly.  The 
fact  of  the  matter  is  that  the  employer,  under  present 
conditions,  must  see  to  it  that  he  makes  proper  profits, 
must  see  to  it  that  he  pays  as  little  in  wages  as  he  pos- 
sibly can,  to  get  as  much  out  of  his  worker  as  he  pos- 
sibly can.  It  is  the  law  of  present  economics.  It  would 
mean  economic  extinction  if  he  were  not  to  follow  it. 

"The  worker  who  has  nothing  but  his  labor  power 
must,  whether  he  wants  to  or  not,  see  to  it  that  he 
gets  every  dollar  of  wages  he  can;  that  he  conserves 
his  energy — his  only  commodity — as  much  as  possi- 
ble ;  and  between  these  two  opposing  and  different  in- 
terests, there  is,  and  must  be,  a  constant  conflict. 

"There  is  a  warfare  between  employer  and  em- 
ployee; there  is  a  constant  competitive  warfare  be- 
tween capitalists  of  different  classes,  and  within  each 
class  separately.  You  know  all  about  it.  You  know 
the  history  of  our  great  financial  and  industrial  insti- 
tutions. You  know  how  they  have  been  built  up  on 
the  ruin  of  smaller  industrial  concerns.  You  know  how 


DEFENSE  SUMMING-UP  169 

they  have  been  eating  and  devouring  the  smaller 
brethren. 

"There  is  the  same  War  between  the  worker  and 
worker,  because  whenever,  in  times  of  industrial  de- 
pression particularly,  a  job  is  open,  there  are  hundreds 
of  workers  looking  for  it,  each  one  eager  to  get  it,  each 
one — or  most  of  them — having  wives  and  children  to 
support;  each  ready  to  take  any  pay  so  long  as  he  is 
allowed  the  privilege  of  working  and  earning  wages — 
underbidding  each  other,  cutting  wages  against  each 
other,  and  bringing  children  from  their  homes  to  work 
and  to  compete  with  adults;  bringing  in  their  wives 
into  the  factories  to  compete  against  the  men — all  be- 
cause necessity  compels  them.  But  it  is  a  v/ar,  never- 
theless. 

"And  there  is  the  same  antagonism  between  land- 
lord and  tenant ;  there  is  the  same  antagonism  between 
producer  and  consumer.  It  is  not  a  uniform  system 
operated  for  the  benefit  of  all  the  members  of  the  com- 
munity. It  is  a  system  of  war  and  violence,  where 
each  is  engaged  in  war  against  all,  and  all  against 
each. 

"And  in  this  war  of  interests,  every  class,  every  in- 
dividual, of  necessity  tries  to  exert  the  greatest  possi- 
ble power  in  its,  or  his,  behalf ;  and  so  it  becomes  that 
the  capitalist  classes,  the  most  powerful  classes,  in  or- 
der to  maintain  their  supremacy,  go  into  politics  and 
see  to  it  that  their  interests  are  in  the  control  of  the 
government  in  all  its  departments  as  much  as  they 
can.  All  we  have  been  hearing  and  saying  about  polit- 
ical corruption  and  machinations  in  this  country  in  the 
last  decade — and  many  volumes  have  been  written  on 
the  subject — have  had  their  mainspring  in  this  desire 
of  the  privileged  classes  to  maintain  their  privileges 
against  the  people;  and  all  the  corruption  of  our 
schools  and  of  our  presses  and  of  our  public  institu- 


I70  ALBANY 

tions— of  which  there  have  been  many  and  various 
public  indictments — have  had  their  mainspring  in  the 
same  source. 

"This  is  not  a  mere  Sociahst  contention.  No !  It  is 
borne  out  by  the  naked  facts  and  conditions  in  this 
country.  Only  so  far  back  as  1915  the  Industrial  Re- 
lations Commission — a  commission  appointed  by  the 
President  of  the  United  States — composed  of  men  who 
may  be  considered  more  or  less  neutrals  in  the  class 
war — at  any  rate  not  Socialists — found  and  published 
the  folloiwing  illuminating  facts.  Speaking  of  certain 
industrial  communities  dominated  by  corporations, 
they  said:  'In  such  communities,  democratic  govern- 
ment does  not  as  a  rule  exist,  except  in  name  or  form, 
and  as  a  consequence  there  now  exists  within  the  body 
of  our  republic  industrial  communities  which  are  vir- 
tually principalities,  oppressive  to  those  dependent 
upon  them  for  a  livelihood  and  a  menace  to  the  peace 
and  welfare  of  the  nation. 

"The  wealth  of  the  country  between  i8ig  and  1912 
rose  from  $65,000,000,000  to  $187,000,000,000,  or  188  per 
cent;  whereas,  the  aggregate  income  of  wage  earners 
in  transportation  and  mining  and  factories  has  risen 
between  1819  and  1909  only  95  per  cent.  It  was  found 
that  the  income  of  almost  two-thirds  of  these  families 
was  less  than  $750  per  year,  and  almost  one-third  were 
less  than  $500;  the  average  for  all  being  $721.  The 
average  size  of  these  families  was  5.6  members.  Elab- 
orate studies  of  the  cost  of  living  made  in  all  parts  of 
the  countty  at  the  same  time  have  shown  that  the  very 
least  that  a  family  of  five  persons  can  live  upon,  in 
anything  approaching  decency,  is  $720. 

"It  is  probable  that  owing  to  the  fact  that  the  fam- 
ilies investigated  by  the  Commission  were  to  a  large 
extent  foreign  born,  the  incomes  reported  are  lower  on 
the  average  than  for  the  entire  working  population. 


DEFENSE  SUMMING-UP  171 

Nevertheless,  even  when  fair  allowance  is  made  for 
that  fact,  the  figures  showed  conclusively  that  be- 
tween one-half  and  two-thirds  of  these  families  were 
living  in  a  state  which  can  be  described  only  as  abject 
poverty. 

"It  has  been  proved  by  study  here  and  abroad  that 
there  is  a  direct  relation  between  poverty  and  the  death 
rate  of  babies ;  but  the  frightful  rate  at  which  poverty 
Idlls  was  not  kndwn,  at  least  in  this  country,  until  very 
recently,  when,  through  a  study  made  in  Johnstown, 
?a.,  the  Federal  Children's  Bureau  showed  that  babies 
v/hose  fathers  earned  less  than  $10  per  week,  died  dur- 
ing the  first  year  at  the  appalling  rate  of  256  for  every 
thousand.  On  the  other  hand,  those  whose  fathers 
earned  $25  per  week  or  more  died  at  the  rate  of  only 
84  per  thousand.  The  babies  of  the  poor  died  at  three 
•imes  the  rate  of  those  who  were  in  fairly  well-to-do 
Tamilies.  The  tremendous  significance  of  these  figures 
v/ill  be  appreciated  when  it  is  known  that  one-third  of 
all  the  adult  workmen  reported  by  the  Commission 
were  earning  less  than  $10  per  week,  exclusive  of  time 
lost. 

"On  this  showing  in  Johnstown,  these  workmen 
may  expect  one  out  of  four  of  their  babies  to  die  during 
the  first  year  of  life.  The  last  members  of  the  family 
to  go  hungry  are  the  children,  yet  statistics  show  that 
in  six  of  our  largest  cities  from  twelve  to  twenty  per 
cent  of  the  children  are  underfed  and  ill-nourished. 

"Between  one-fourth  and  one-third  of  the  male 
workers  18  years  of  age  and  over  in  factories  and 
mines,  earn  less  than  $10  per  week.  From  two-thirds 
to  three  quarters  earn  less  than  $15,  and  only  about 
one-tenth  earn  more  than  $20  a  week.  This  does  not 
take  into  consideration  loss  of  working  time  for  any 
cause. 

"The  rich — 2  per  cent  of  the  people  in  the  United 


172  ALBANY, 

States — own  60  per  cent  of  the  wealth.  The  middle 
class,  35  per  cent  of  the  people,  own  35  per  cent  of  the 
wealth  approximately.  The  poor,  65  per  cent  of  the 
people,  own  5  per  cent  of  the  wealth.  That  is  a  telling 
story.  Sixty-five  per  cent  of  the  people — over  70,000,- 
000  people  of  the  United  States — together  own  one- 
twentieth  part  of  its  wealth;  and  if  you  exclude  the 
highest  strata  of  these  workers,  if  you  reduce  it,  say,  to 
50  per  cent,  or  a  little  more,  that  is,  half  of  the  people 
of  the  United  States,  you  will  be  justified  fully  in  say- 
ing that  they  own  absolutely  nothing  in  this  world; 
that  this  country  with  its  wealth,  to  which  they  have 
contributed  by  their  toil,  has  not  given  them  any  return 
of  any  kind,  and  that  they  face  the  dread  of  starvation 
from  day  to  day. 

"This  means,  says  the  report  in  brief,  that  2,000,000 
people  who  would  make  up  a  city  smaller  than  Chi- 
cago, own  70  per  cent  more  of  the  nation's  wealth  than 
all  the  other  108  millions  of  the  country.  Then  to  prove 
the  extent  to  which  concentration  has  gone,  the  report 
makes  this  interesting  observation:  there  is  at  least 
one  individual,  one  out  of  the  110,000,000,  who  owns 
approximately  $1,000,000,000  in  wealth.  The  average 
wealth  of  the  working  people  is  $400  per  head.  Hence, 
this  one  individual  owns  as  much  as  2,500,000  workers 
in  the  country. 

"And  bear  in  mind,  gentlemen,  that  was  the  report 
in  19 14,  before  the  war.  Since  that  time,  conditions 
have  become  incomparably  worse  and  the  contrast 
very  much  greater.  In  that  year,  there  were  only  7,500 
millionaires  in  the  United  States.  To-day  we  count 
about  35,000,  more  than  four  times  the  former  num- 
ber. The  cost  of  living  since  1914  has  more  than 
doubled.  Wages  have  not  kept  pace.  The  picture  so 
eloquently  given  by  this  report  of  the  Industrial  Re- 


DEFENSE  SUMMING-UP  173 

lations  Commission  is  rosy,  is  optimistic,  as  compared 
with  conditions  as  they  exist  to-day. 

"Now  then,  in  view  of  that,  the  Socialist  Party  and 
the  Socialist  movement  say  that  there  is  nothing 
wrong  with  this  country,  or  its  people,  or  the  country 
or  people  in  other  advanced  countries,  except  the  in- 
dustrial system  v/hich  they  live  under. 

"The  Socialists  propose,  as  a  remedy  for  this  evil, 
the  nationahzation  of  the  country's  principal  indus- 
tries. They  say  it  is  altogether  wrong,  it  is  immoral, 
to  allow  such  a  vital  function  as  feeding  the  people, 
maintaining  them  in  health,  to  be  carried  on  by  a 
group  of  irresponsible  capitalists  for  private  profit  and 
aggrandizement,  without  any  reference,  without  any 
concern,  for  the  men,  women  and  children  who  have 
to  be  fed  day  after  day  and  who  often  die  from  mal- 
nutrition. We  say  it  is  an  absolute  wrong  to  allow  the 
great  industry  of  clothing,  of  sheltering  the  people  to 
be  carried  on  by  individual  capitalists  or  profiteers  for 
their  own  private  interests  and  pleasures. 

"We  say  that  this  country,  as  every  other  country, 
has  as  its  first  concern  to  see  to  it  that  the  wealth 
which  an  Almighty  Providence  has  placed  within  their 
reach,  which  an  industrious  people  has  increased  one 
hundred  fold  by  their  efforts,  by  their  energy,  through 
generations  and  generations  of  thinkers  and  inventors 
and  workers — we  say  it  is  the  duty  of  every  self-re- 
specting rational  people,  organized  in  a  proper  way 
and  on  a  civilized  basis,  to  take  these  life-sustaining 
agencies  out  of  the  hands  of  private  individuals,  out  of 
the  hands  of  speculation,  out  of  the  chaos  of  compe- 
tition that  rules  and  ruins  at  the  same  time,  and  turn 
it  over  to  the  people  to  organize  it  properly,  to  organ- 
ize it  rationally,  scientifically,  to  organize  it  with  a 
view  eliminating  the  waste ;  to  organize  it  with  the 
view  of  producing  the  maximum  of  wealth  and  dis- 


174  ALBANY 

tributing  it  as  equitably  as  possible  among  all  of  the 
people. 

"This  is  the  program  of  the  Socialist  Party.  It  is 
nothing  we  have  adopted  just  here  or  within  the  last 
few  years.  It  is  the  program  upon  which  our  party 
was  founded  many,  many  years  ago.  It  is  the  program 
which  has  been  underlying  all  our  activities,  all  of  our 
duties,  ever  since  the  Socialist  Party  existed.  If  you 
like,  you  may  call  that  a  revolutionary  program.  It 
is  revolutionary,  and  in  that  sense,  we,  the  adherents 
of  that  program,  we  Socialists,  are  revolutionists.  We 
don't  object  to  this  term.  We  glory  in  it.  And  so  long 
as  the  end  sought  to  be  accomplished  by  us  is  com- 
mendable, is  for  the  welfare  of  humanity,  we  don't 
care  how  much  you  label  it. 

"But  we  ask  you,  gentlemen,  and  we  ask  those  who 
framed  the  charges  against  us,  since  when  has  the 
term  'revolution*  or  'revolutionary'  become  a  term  of 
opprobrium  in  a  country  which  owes  its  existence  to 
a  successful  revolution? 

"Since  when  has  the  doctrine  been  proclaimed  in 
this  country  that  a  change — a  fundamental,  a  radi- 
cal, a  revolutionary  change — in  the  mode  of  govern- 
ment, in  the  mode  of  life,  is  not  permissible  so  long 
as  the  people  wish  to  introduce  it? 

"There  has  been  a  very  characteristic  incident  in 
that  connection.  You  remember  when  Mr.  Littleton 
opened  this  case  in  a  very  eloquent  address,  he  took 
me  to  task  for  having  said  this:  'What  is  treason  to- 
day may  become  the  law  of  the  land  to-morrow.'  And 
he  said  to  you  by  way  of  warning,  'It  will,  if  you  let 
traitors  write  your  laws.' 

"It  seemed  to  be  an  eloquent  argument,  but  what  is 
revealed  is  that  my  good  friend  Mr.  Littleton  and  those 
of  the  same  social  and  economic  school  with  him  have 
come  to  the  point  where  they  already  consider  the 


DEFENSE  SUMMING-UP  i75 

fundamental  law  of  this  land,  the  constitution  of  this 
country,  with  its  Bill  of  Rights  and  Declaration  of  In- 
dependence, as  traitorous.  They  are  ashamed  of  it; 
they  discard  it.  Aye,  they  don't  have  the  courage  to 
repeat  all  of  it.  Mr.  Littleton  read  from  the  Declaration 
of  Independence — he  read  a  portion  of  it.  I  shall  repeat 
to  you.  He  said,  quoting,  'WE  HOLD  THESE 
TRUTHS  TO  BE  SELF-EVIDENT,  THAT  ALL 
MEN  ARE  CREATED  EQUAL  AND  ENDOWED 
BY  THEIR  CREATOR  WITH  CERTAIN  IN- 
ALIENABLE RIGHTS,  AMONG  WHICH  ARE 
LIFE,  LIBERTY  AND  THE  PURSUIT  OF  HAP- 
PINESS; THAT  TO  SECURE  THESE  RIGHTS, 
GOVERNMENTS  ARE  INSTITUTED  AMONGST 
MEN  DERIVING  THEIR  JUST  POWERS  FROM 
THE  CONSENT  OF  THE  GOVERNED.' 

"And  he  stopped  right  there.  He  stopped  dead  be- 
cause he  did  not  dare  to  read  what  follows ;  and  what 
follows  is: 

"'WHENEVER  ANY  FORM  OF  GOVERN- 
MENT BECOMES  DESTRUCTIVE  TO  THESE 
ENDS,  IT  IS  THE  RIGHT  OF  THE  PEOPLE  TO 
ALTER  OR  TO  ABOLISH  IT  AND  TO  INSTI- 
TUTE A  NEW  GOVERNMENT,  LAYING  ITS 
FOUNDATIONS  ON  SUCH  PRINCIPLES  AND 
ORGANIZING  ITS  POWERS  IN  SUCH  FORM  AS 
TO  THEM  SHALL  SEEM  MOST  LIKELY  TO 
EFFECT  THEIR  SAFETY  AND  HAPPINESS.' 

"We  are  here  to  remind  you  that  this  eloquent  sen- 
tence is  a  legitimate  and  organic  part  of  our  Declara- 
tion of  Independence  just  as  much  as  the  part  read 
by  Mr.  Littleton ;  and  we  say  to  you  that  we  believe, 
sincerely  believe,  that  the  present  form  of  our  indus- 
trial system,  our  industrial  regime,  has  become  de- 
structive of  the  very  ends  proclaimed  as  inalienable 
rights  in  our  Declaration  of  Independence;  that  life, 


176  ALBANY 

liberty,  and  the  true  pursuit  of  true  happiness  have  be- 
come impossible  to-day  under  the  prevailing  and  un- 
equitable and  iniquitous  economic  system;  and  we 
say  that  we  have  the  right,  and  that  we  have  the  duty, 
to  demand  that  this  system,  this  pernicious  system,  be 
altered ;  that  it  be  abolished,  and  that  the  people  of  the 
United  States  form  a  new  industrial  system,  basing  it 
upon  such  rights,  upon  such  conceptions,  as  to  them, 
the  people  of  the  United  States — not  Mr.  Littleton,  not 
counsel  for  the  other  side,  not  even  you,  gentlemen  of 
the  Committee,  or  members  of  the  Assembly — deem 
proper,  but  the  people,  the  people  as  a  whole,  deem 
proper. 

"That  is  all  there  is  to  the  first  point  or  charge 
against  us:  that  we  are  a  revolutionary  party." 

Having  thus  answered  the  first  charge  against  the 
Socialist  Assemblymen  to  the  effect  that  they  were 
members  of  a  revolutionary  party,  Mr.  Hillquit  then 
took  up  the  second  charge,  namely,  that  the  Socialist 
Party,  of  which  the  accused  Assemblymen  were  mem- 
bers, sought  to  attain  its  end  by  violence.  In  answer- 
ing this,  Mr.  Hillquit  ridiculed  what  he  called  "ro- 
mantic notions"  in  regard  to  changing  the  fundamen- 
tal forms  of  society  by  violence  or  conspiracy.  He  de- 
clared that  the  aim  of  the  Socialist  Party  was  to  con- 
vert the  majority  of  the  people  to  its  views.  This 
point  he  elaborated  upon  as  follows: 

"The  prosecution  has  sought  to  establish  this  point 
principally  by  inferences.  I  think  I  shall  not  be  con- 
tradicted if  I  say  that  they  have  not  read  a  single  of- 
ficial party  declaration  or  any  other  authoritative  So- 
cialist statement  advocating  violence  as  a  means  of  at- 
taining social  ends.  .  .  . 

"Ours  is  a  movement  of  propaganda.  We  are  a 
minority  party.  Our  object  and  ideal  is  to  convert  the 
majority  of  the  people  to  our  views.    To  hold  certain 


DEFENSE  SUMMING-UP  177 

views  and  conceal  them  would  be  diametrically  op- 
posed to  the  methods  and  purposes  of  the  Socialist 
Party.  .  .  . 

"Where  there  is  a  machinery  for  righting  grievances, 
for  changing  of  Governmental  forms,  we  Socialists  say 
that  that  is  the  method  which  we  adopt.  That  is  the 
part  of  our  program.  At  the  same  time,  we  cannot 
blind  ourselves  to  history.  We  cannot  be  blind  to  the 
fact  that  in  actual  practice  revolutions,  changes — fun- 
damental, governmental  and  economic  changes — have 
been  accompanied  by  violence.  We  say  that  in  most 
cases,  the  violence  has  come  not  from  the  victorious 
majority,  but  from  the  defeated  minority.  In  most 
cases  it  has  been  forced  upon  the  majority;  I  might 
say  practically  in  all  cases ;  and  we  have  cited  a  num- 
ber of  cases  to  you. 

"Now,  we  say  the  Socialist  Party  is  not  a  party  of 
non-resistance,  and  we  say  further,  the  hypothesis 
having  been  placed  upon  us,  that  if  a  majority  of  the 
people  of  this  country  were  to  vote  for  a  Socialist 
change  in  the  reform  of  government  and  the  capitalist; 
minority  were  to  attempt  by  force  to  prevent  them 
from  coming  into  their  lawful  inheritance,  we  would 
repel  or  advise  repelling  such  force  by  force.  Did  you 
expect  a  different  answer?  Would  any  American  make 
a  different  answer?  No.  And  that  is  all  there  is  to 
the  theory  of  violence  in  the  Socialist  movement,  not- 
withstanding all  these  disjointed  fragmentary  state- 
ments that  sometimes  are  made  falsely,  sometimes  in 
the  course  of  an  impromptu  speech,  and  sometimes 
perhaps  in  an  ill-considered  article.  .  .  . 

"Socialism,  like  any  other  national  political  program, 
can  be  realized  only  when  its  adherents,  sympathizers 
and  supporters  are  numerous  enough  to  wrest  the  ma- 
chinery of  government  from  their  opponents,  and  to 
use  it  for  the  realization  of  their  program.    Does  that 


178  ALBANY 

look  like  a  conspiracy  to  overpower  the  government  of 
the  United  States  and  overthrow  it  by  force  and  vio- 
lence? 

"But  to  make  it  still  clearer:  modern  Socialists  do 
not  expect  the  social  order  to  be  introduced  by  one 
sudden  and  great  cataclysm,  nor  do  they  expect  it  to 
be  established  by  desperation  and  starvation.  The  So- 
cialists expect  that  a  cooperative  commonwealth  will 
be  built  by  a  disciplined  working  class,  thoroughly  or- 
ganized, well  trained,  fully  qualified  to  assume  the 
reigns  of  government  and  the  management  of  indus- 
tries. Next  to  the  education  of  the  workers  in  the 
philosophy  of  Socialism,  the  prime  task  of  the  Socialist 
movement  is,  therefore,  a  political  and  economic  or- 
ganization. The  Socialist  movement  of  each  country 
presents  itself  primarily  as  a  political  party. 

"And  again,  the  objective  point  of  the  Socialist  at- 
tack is  the  capitalist  system,  not  the  individual  capi- 
talist. The  struggles  of  the  movement  represent  the 
organized  efforts  of  the  entire  working  class,  not  of 
daring  individual  leaders  or  heroes.  The  intellectual 
life  of  the  working  class  is  determined  by  the  training 
of  men  and  women  constituting  that  class,  and  not 
by  the  more  advanced  conditions  of  a  small  group  of 
it.  A  country  may  be  educated,  led  and  transformed 
into  Socialism ;  but  it  cannot  be  driven,  lured  or  bull- 
dozed into  it.  The  Socialist's  conception  of  the  world 
process  is  evolutionary,  not  cataclysmic.  Socialism 
has  come  to  build,  not  to  destroy.  This  is  the  accepted 
position  of  the  modern  Socialist  movement.  .  .  . 

"The  accepted  position,  then,  of  the  modem  So- 
cialist movement  is,  however,  not  to  be  taken  as  an 
assurance  or  prediction  that  a  Socialist  victory  will 
in  all  cases — in  all  countries — come  about  by  orderly 
and  peaceful  methods  and  will  not  be  accompanied  by 
violence.     It  may  happen  that  the  classes  in  power 


DEFENSE  SUMMING-UP  179 

here  or  there — that  means  in  one  country  or  another — 
will  refuse  to  yield  the  control  of  the  government  to 
the  working  class  even  after  a  legitimate  political  vic- 
tory. In  that  case,  a  violent  conflict  will  necessarily 
result,  as  it  did  under  somewhat  similar  conditions  in 
1861 ;  but  such  spectacular  and  sanguinary  outbreaks 
which  sometimes  accompany  radical  economic  and  po- 
litical changes  are  purely  incidental.  They  do  not 
make  the  social  transformation. 

"Thus  in  England,  the  revolution  which  transferred 
the  actual  control  of  the  country  from  the  nobility  to 
the  capitalists  was  accompanied  by  gradual  and  peace- 
ful stages,  without  violence  or  bloodshed.  In  France, 
the  same  process  culminated  in  the  ferocious  fights  in 
the  great  revolution  of  1779;  but  who  will  say  that 
the  transition  in  England  was  less  thorough  and  radi- 
cal than  in  France?  As  a  matter  of  fact,  street  fights 
do  not  make  a  social  revolution  any  more  than  fire- 
crackers make  the  Fourth  of  July. 

"Another  point  was  tacked  onto  this  proposition, 
namely,  that  we  advocate  mass  action  and  the  general 
strike.  Mass  action  or  mass  petition  occurs  quite  fre- 
quently in  our  phraseology.  What  we  mean  by  it, 
gentlemen,  is  the  opposite  of  what  you  impute  to 
us.  We  distinguish  between  mass  action  and  individ- 
ual action.  Mass  action  is  organized  action  of  the  peo- 
ple. Political  action  is  mass  action.  Organized  strikes 
are  mass  action.  Individual  attempts,  individual  as- 
sassination, individual  attacks,  individual  acts  of  sa- 
botage, are  not  mass  action,  and  we  deprecate  them. 
The  mass  action  we  have  in  view  is  the  legal  organized 
action  of  large  masses  in  the  community. 

"As  to  general  strikes,  let  me  state  our  position.  As 
a  matter  of  history,  the  Socialist  Party  of  the  United 
States,  together  with  the  greater  number  of  Socialist 
organizations  in  the  world,  has  always  consistently 


i8o  ALBANY 

rejected  the  idea  of  a  general  strike  for  political  pur- 
poses; and  our  argument  has  always  been  this:  that 
if  we  have  a  number  of  workers  in  a  parliamentary 
country  determined  to  the  point  of  striking  for  a  po- 
litical reform,  it  is  strong  enough  and  numerous 
enough  to  cast  its  votes  for  such  reform,  and  the  strike 
becomes  unnecessary.  Either  the  working  class  goes 
to  the  limit  in  such  demand,  if  it  is  right ;  and  if  it  is 
right,  we  do  not  need  the  general  strike.  If  it  is  not 
right,  there  will  be  no  effective  general  strike. 

"The  first  and  only  endorsement  of  the  general 
strike  method  by  the  Socialist  Party  in  the  United 
States  was  contained  in  that  proclamation  in  connec- 
tion, I  believe,  with  the  U-boat  warfare  by  the  Ger- 
mans. At  that  time,  under  special  pressure,  the  So- 
cialist Party  declared  its  opposition  to  the  war,  not  yet 
declared  to  be  so  strong  as  to  sanction  even  a  general 
strike  for  its  prevention.  Now,  gentlemen,  we  main- 
tain that  a  resolution  of  this  kind,  whatever  view  you 
may  have  on  its  political  wisdom,  was  perfectly  legal, 
that  we  had  a  right  to  adopt  such  a  resolution.  I  shall 
say  more  regardless  of  the  attitude  of  the  Socialist 
Party  on  general  strikes  for  political  purposes;  I  will 
say  that  the  workers  of  this  country  have  such  right, 
and  that  it  is  v/ell  that  they  should  at  least  hold  it  in 
abeyance  as  a  possible  instrum.ent  in  some  cases,  in 
very  exceptional  emergencies.  .  .  . 

"I  will  say  that  the  general  strike  is  very  often  used, 
has  been  used  abroad,  for  the  purposes  of  enforcing 
parliamentary  action  or  political  action,  and  I  can  well 
imagine  such  concrete  instances  now.  Let  me  give  you 
this  hypothetical  instance.  A  labor  party  is  now  being 
formed,  at  least  in  some  parts  of  the  country.  Suppose 
the  working  men  of  any  state  got  together  and  said: 
*We  want  to  form  a  party  of  our  own;  we  are  not 
satisfied  with  the  way  these  representatives  of  the  old 


DEFENSE  SUMMING-UP  i8i 

parties  are  legislating  on  labor  matters.  We  want  our 
own  representatives  to  come  into  legislative  bodies  and 
to  voice  our  demands,  our  aspirations,  our  sentiments. 
We  want  them  to  speak  for  us  by  our  mandate.  Sup- 
pose an  election  is  held,  and  being  confronted  with  all 
sorts  of  election  frauds  of  the  most  brutal  manner,  they 
still  manage  to  elect  a  few  of  their  representatives ;  and 
those  representatives  come  to  the  legislative  body,  and 
their  working  constituency  is  waiting  and  watching, 
hoping  that  there  at  last  their  own  direct  representa- 
tives will  speak  for  them  in  the  halls  of  the  legisla- 
ture ;  and  suppose  a  big  capitalist  in  the  same  legis- 
lature thereupon  gets  up  and  tells  them,  'Look  here, 
gentlemen,  I  don't  approve  of  your  program,  of  your 
principles,  of  your  platform.  Get  out  of  my  legisla- 
ture.' I  say  this  would  be  eminently  a  case  where  the 
workers  would  be  justified  in  declaring  a  general  strike 
until  such  time  as  their  constitutional  rights  are  ac- 
tually accorded  to  them. 

"I  should  not  be  surprised,  if  there  ever  arises  a 
condition  of  this  kind  on  a  large  scale,  that  that  will 
be  what  will  happen.  We  do  not  apologize  for  it.  We 
have  the  right  to  safeguard  the  political  rights  of  our 
constituents,  and  of  the  people,  by  every  legal  means 
without  exception,  and  the  general  strike  for  such 
purpose  is  one  of  such  legal  methods. 

"It  has  been  recognized  in  every  country,  in  every 
civilized  modern  country.  I  hope  personally,  the  So- 
cialist party  hopes,  that  the  occasion  may  never  arise 
where  it  shall  be  necesary,  but  if  it  should,  the  work- 
ers have  a  full  and  perfect  right  to  use  it  for  the  pro- 
tection of  their  interest." 

Mr.  Hillquit  then  took  up  the  next  big  point  made 
against  the  Socialist  Party  to  the  effect  that  it  is  really 
a  political  party  only  in  appearance ;  that  as  a  matter 


i82  ALBANY 

of  fact,  it  does  not  believe  in  politics  except  as  a  "blind 
and  camouflage."    In  answer  to  this  he  declared : 

"Are  the  Socialists  perhaps  too  much  in  earnest 
about  their  politics  for  the  health  and  comfort  of  their 
opponents?  I  could  not  in  any  way  consistently  see 
the  charge  of  the  politics  being  a  sort  of  camouflage. 
If  an  Assemblyman  of  the  Socialist  Party  came  here 
not  to  introduce  a  bill,  but  a  bomb ;  if  an  Assemblyman 
of  the  Socialist  Party  came  here  not  to  debate,  but  to 
shoot;  if  he  came  here  to  commit  acts  of  violence  in- 
stead of  legislating ;  if  there  had  been  any  such  record 
on  their  part,  I  could  conceive  of  the  justice  of  such  a 
charge;  but  the  very  record  of  these  men  proves  that 
they  and  the  party  take  their  tasks  seriously,  that  they 
are  a  Socialist  Party.  .  .  ." 

Mr.  Hillquit  then  took  up  the  charge  that  the  So- 
cialist Party  exercises  undue  control  over  its  elected 
officials.    He  discussed  this  as  follows : 

"You  say  in  the  former  charge  our  politics  has 
been  a  camouflage,  that  we  are  not  a  political  party  at 
all,  and  in  the  next  charge  you  say  that  the  Socialist 
Party  is  too  much  of  a  political  party,  that  it  dictates 
the  policies  and  actions  of  its  members  elected  to  pub- 
lic office.  The  consistency  of  the  two  charges  is  not 
very  obvious  to  me,  but  they  exist  and  we  shall  discuss 
the  second  now — that  the  Socialist  Party  unduly  con- 
trols public  officials  elected  on  its  ticket.  .  .  . 

"All  through  the  proceedings  there  have  been  elo- 
quent speeches  about  the  oath  that  the  Socialist  party 
members  take  to  their  organization  and  to  their  Inter- 
nationale against  the  constitutional  oath.  There  is  not 
any  oath  being  taken,  nor  has  there  been,  by  any  mem- 
ber of  the  Socialist  Party  in  any  way.  They  merely 
subscribe  in  their  application,  to  the  ordinary  natural 
— even  implied — obligation  to  live  up  to  the  Constitu- 
tion and  principles  of  the  party  while  they  are  mem- 


DEFENSE  SUMMING-UP  183 

bers  of  the  party ;  and  if  they  do  not,  they  are  thrown 
out.  .  .  . 

"In  this  very  House,  as  in  every  other  House,  you 
recognize  the  existence  of  political  parties,  and  their 
right  to  control  the  actions  of  their  representatives. 
What  is  your  majority  leader?  What  is  your  minority 
leader?  Are  they  other  than  instruments  of  the  re- 
spective parties  to  influence  and  control  the  conduct 
of  their  representatives?  Inasmuch  as  such  control  is 
not  for  corrupt  purposes,  but  for  legitimate  political 
purposes,  or  the  purpose  of  securing  party  unity  in  ac- 
tion, it  is  perfectly  legitimate  and  we  recognize 
it."  ... 

Concluding  his  discussion  on  this  point,  Mr.  Hill- 
quit  declared:  "We  recognize  the  fact  fully  and 
frankly,  and  v/e  recognize  it  is  a  proper  fact,  and  we 
say  the  Socialist  Party  above  all  other  parties  insists 
upon  the  right  and  the  duty  of  the  party  as  such,  to 
see  to  it  that  its  representatives  live  up  to  the  pledges, 
to  the  promises,  to  the  representations  which  we  make 
in  elections." 

The  next  charge  Mr.  Hillquit  discussed  aa  one  that 
accused  the  Socialist  Party  of  being  "unpatriotic  and 
disloyal." 

On  this  question  he  said: 

"What  has  been  proved,  gentlemen,  and  what  un- 
doubtedly has  been  the  fact,  is  this :  That  the  Socialist 
Party  has  consistently,  emphatically,  and  at  all  times 
opposed  the  war;  that  it  was  opposed  to  the  entrance 
of  the  United  States  into  the  war ;  and  that  when  the 
United  States  entered  the  war  it  was  in  favor  of  rf 
speedy  cessation  of  hostilities,  of  a  speedy  peace. 

"We  claim — I  think  we  proved,  and  we  shall  revert 
to  it  again — that  with  all  that,  we  at  all  times  recog- 
nize that  war  is  on ;  that  war  has  been  declared ;  that 
it  has  been  legally  declared,  and  that  we  submitted 


1 84  ALBANY 

and  complied  with  all  the  concrete  enactments  of  war 
legislation  in  every  respect.  We  did  not  surrender 
our  opinion — our  sincere  belief  that  the  war  was 
wrong,  a  monstrous  wrong,  and  that  every  day  of  its 
continuace  entailed  unnecessary  misery  and  privations 
upon  our  people.  We  voiced  those  sentiments.  We 
voiced  them  because  we  maintained,  and  maintain  that 
there  is  not  an  act  of  the  Legislature  .  .  .  such  even  as 
a  constitutional  enactment  or  amendment,  which  in- 
tends to  silence  the  tongues  and  stifle  the  thought  of 
the  people,  to  which  the  people  must  bow,  not  merely 
in  the  sense  of  practical  submission,  but  in  the  sense  of 
intellectual  and  moral  submission  against  their  open 
convictions. 

"We  say  that  it  was  never  intended  that  this  doc- 
trine should  ever  be  preached  in  this  country.  It  was 
never  intended  upon  the  declaration  of  war,  or  any 
other  great  national  emergency,  that  all  thoughts  of 
these  great  people  in  this  great  Republic  should  stop ; 
all  democratic  institutions  should  come  to  an  end,  and 
that  the  destiny  of  110,000,000  persons  should  not  be 
placed  in  the  hands  of  one  individual,  no  matter  how 
exalted.  Such  is  not  a  democracy.  It  is  the  worst 
form  of  autocracy. 

"We  proceeded  upon  the  assumption  that  it  is  not 
only  the  right,  but  the  duty  of  every  citizen  in  a  de- 
mocracy like  ours  at  all  times,  and  in  connection  with 
all  measures,  to  use  his  best  judgment,  and  if  he  hon- 
estly, conscientiously  thought  that  a  measure  enacted 
was  pernicious  or  against  the  interest  of  the  country, 
of  his  fellowmen,  that  it  was  his  right  and  his  duty  to 
do  all  in  his  power  to  have  it  righted,  to  have  it 
changed,  to  have  it  repealed,  to  have  it  undone;  and 
we  had  ample  authority  in  all  the  precedents  of  this 
country  for  that  general  theory,  that  the  greater  the 
crisis  the  greater  the  duty  to  that,  the  greater  the  dan- 


DEFENSE  SUMMING-UP  185 

ger  of  expressing  a  position,  the  higher  the  call  of  duty 
to  brave  that  danger.  It  is  the  arrant  political  coward 
only  who  supinely  submits  to  what  he  in  good  faith 
considers  a  crime.  .  .  .  We  had  abundant  authority 
in  this  country  to  hold  this  position.  In  fact,  this  was 
the  American  position ;  the  position  advanced  against 
us  now  is  a  novel,  un-American  proposition.  .  .  , 

"We  did  not  believe  that  civilization  or  the  human 
spirit  would  be  advanced  by  this  war.  We  could  see 
nothing  but  a  colossal  carnage  brought  on  by  the  com- 
mercial rivalries  of  the  people  in  Europe.  We  could 
see  in  it  nothing  but  a  cataclysm  for  human  civiliza- 
tion. We  could  see  in  it  nothing  but  the  greatest  blot 
upon  human  intelligence.  .  .  . 

"We  said,  holding  views  as  we  do,  it  is  our  sacred 
duty  as  citizens  of  this  country,  our  sacred  duty  to 
our  fellowmen,  to  protest  against  the  war,  to  oppose  it 
with  every  fiber  of  our  existence,  come  what  may,  not 
only  in  the  shape  of  disagreement,  but  persecution  or 
prosecution,  suffering  of  all  kinds ;  and  we  say  to  you 
gentlemen,  if  any  of  you  had  held  those  honest  convic- 
tions, and  if  you  were  true  to  yourselves,  true  to  your 
country,  you  could  not  have  acted  otherwise.  Now 
that  the  war  is  over  and  the  entire  world  is  quivering 
under  the  torture  inflicted  upon  it,  now  that  the  war  is 
over  and  ten  millions  or  more  human  beings  have  been 
directly  slaughtered,  and  many  more  millions  killed 
by  the  ravages  of  epidemics,  now  that  all  Europe  is  in 
mourning,  now  that  the  greater  part  of  Europe  is 
starving,  succumbing,  bringing  up  a  new  generation  of 
anaemic,  under-nourished  weaklings,  now  that  we  be- 
hold the  ruins  of  our  civilization,  we  Socialists  say  we 
have  absolutely  no  reason  to  repent  our  stand.  .  .  . 

"It  is,  gentlemen,  with  this  attitude  of  mind  in  view 
that  we  formulated  our  proclamations,  formulated  our 
programs.    We  have  been  asked  on  this  stand  by  elo- 


i86  ALBANY 

quent  counsel  on  the  other  side,  time  and  time  again, 
'You  say  you  submitted  to  the  law.*  *Yes,  yes,  we  do.' 
'Did  you  do  anything  more  than  the  law  compelled 
you  to  do?'  'No,  we  did  not.'  How  could  we?  We  re- 
garded the  law  as  an  inhuman  law.  We  regarded  the 
law  as  an  inhuman  institution.  We  submitted  to  the 
concrete  will  of  the  majority  as  good  citizens  of  a 
democratic  republic,  but  to  go  out  of  your  own  free 
will  to  in  any  way  contribute  to  what  we  consider 
nothing  but  a  senseless  insane  slaughter  of  our  fellow 
men,  how  could  we  consistently  do  it?  How  would 
you,  or  you,  or  any  of  you  act  in  the  face  of  a  law 
which  you  would  consider  absolutely  obnoxious? 
You  would  comply  with  it.  You  wouldn't  do  more 
than  that.  You  couldn't,  if  you  remained  true  to  your- 
self. .  .  ." 

Mr.  Hillquit  then  took  up  two  more  accusations 
against  the  Socialists,  the  first  of  them  to  the  effect 
that  the  Socialist  Party  owed  its  allegiance  to  a  for- 
eign power  known  as  the  Internationale ;  and  the  other 
that  the  Socialist  Party  approved  of  the  Soviet  Gov- 
ernment of  Russia  and  sought  to  introduce  a  similar 
regime  in  the  United  States. 

Concerning  the  first  of  this  pair  of  charges,  Mr.  Hill- 
quit  said : 

"That  has  been  embellished  and  decorated  some- 
what by  my  eloquent  friend,  Mr.  Littleton,  who, 
among  other  things,  charged  that  they  (the  Socialist 
Assemblymen)  gave  their  allegiance  wholly  and  solely 
to  an  alien,  invisible  empire,  known  as  the  Internation- 
ale ;  and  also  that  it  is  the  alien  state  to  which,  before 
the  five  members  had  entered  into  this  Chamber,  they 
had  pledged  their  support,  honor  and  allegiance,  going 
even  so  far  as  to  say  that  it  was  through  the  instru- 
mentality of  this  Internationale  that  the  Socialist  Party 
of  the  United  States  received  orders  from  Lenine  and 


DEFENSE  SUMMING-UP  187 

Trotsky  and  carried  them  out  in  this  country.  This 
was  somewhat  supplemented  by  counsel's  brief,  who 
charged  the  Socialist  Party  with  being  an  anti-na- 
tional party. 

"In  the  progress  of  the  evidence,  the  invisible  em- 
pire— that  mysterious  body — has  become  more  and 
more  invisible  until  at  this  time,  looking  through  the 
evidence,  you  cannot  see  it  with  a  magnifying 
glass!  .  .  ." 

Mr.  Hillquit  explained  that  the  Socialist  Party  is  not 
anti-national,  but  international  in  the  sense  that  its 
aims  and  ideals  are  the  same  in  every  country.  He 
declared  that  the  party's  affiliation  with  an  Interna- 
tionale does  not  disqualify  it  from  being  represented 
in  a  nationalistic  legislature.  He  pointed  to  Catholi- 
cism as  being  an  international  organization. 

"I  can  think  of  nothing  more  impressive  to  show 
the  danger  of  this  line  of  attack,"  said  the  speaker, 
"than  a  little  paragraph  in  a  letter  written  by  my  good 
friend  and  sturdy  opponent,  a  thorough  non-Socialist, 
a  good  American  citizen,  the  Reverend  John  A  Ryan, 
when  he  said : 

"  'Possibly  my  desire  to  see  your  personal  cause 
triumph — meaning  this  cause  before  you — is  not  alto- 
gether unselfish.  For  I  see  quite  clearly  that  if  the 
five  Socialist  representatives  are  expelled  from  the 
New  York  Assembly  on  the  ground  that  they  belong 
to  and  avow  loyalty  to  an  organization  which  the  auto- 
cratic majority  regards  as  inimical  to  the  best  inter- 
ests of  the  State,  a  bigoted  majority  in  a  State — say, 
in  Georgia — may  use  the  action  as  a  precedent  to  keep 
out  of  that  body  regularly  elected  members  who  be- 
long to  the  Catholic  Church,  for  there  have  been  ma- 
jorities in  the  Legislature  of  more  than  one  Southern 
state  that  have  looked  upon  the  Catholic  Church  ex- 


i88  ALBANY 

actly  as  Speaker  Sweet  looks  upon  the  Socialist 
Party.' " 

With  regard  to  the  Soviet  Government  of  Russia, 
Mr.  Hillquit  explained  the  attitude  of  the  Socialist 
Party  as  follows : 

"We  do  not  seek  to  introduce  a  Soviet  system  of 
government  in  the  United  States.  We  recognize  the 
right  of  every  people  in  every  country  to  choose  their 
own  form  of  government  and  to  adopt  it  if  it  suits 
them  as  a  moral  right.  We  recognize  besides,  the 
economic  and  social  fact  that  the  government  of  every 
country  must  correspond  to  the  economic,  political 
and  historic  conditions  of  that  particular  country ;  that 
a  form  of  government  that  may  suit  one  country  may 
not  suit  the  other  country;  and  we  say,  just  because 
we  recognize  this  verity,  we  hold  that  the  Soviet  form 
of  government  may  be  good  for  Russia,  and  that  the 
parliamentary  form  of  government  seems  good  for  the 
United  States.  We  do  not  attempt  to  force  a  form 
of  government  upon  the  United  States  which  is  not 
suitable  to  the  genius  of  its  people.  .  .  ." 

He  insisted  that  the  Socialist  Party  had  a  right  to 
urge  a  policy  upon  the  United  States  that  would  in- 
duce it  to  leave  the  peasants  and  workers  alone  to 
work  dut  their  form  of  government  in  their  own  way. 
He  explained  that  the  party  sought  to  make  the  Ameri- 
can creed  in  actuality  what  President  Wilson  pro- 
claimed in  theory — self-determination  for  all  peoples. 

In  concluding  his  summing  up,  Mr.  Hillquit  invited 
the  Assembly  to  consider  the  peculiar  situation  in 
which  it  found  itself.    Said  he : 

"You  gentlemen  belong  to  different  political  per- 
suasions. Your  views,  your  stations  in  life,  your  sur- 
roundings, your  education,  your  preconceptions — all  of 
that  predisposes  you  against  our  views  cind  we  know 
it.    But  we  say  that  does  not  matter.    What  about  it? 


DEFENSE  SUMMING-UP  189 

This  Assembly  and  every  representative  body  in  this 
country  is  instituted  for  the  purpose  of  harboring,  of 
uniting,  the  representatives  of  different  and  conflict- 
ing social  views,  with  the  sole  provision  that  those 
who  can  command  a  majority  for  any  measure,  rule 
on  this  measure  at  that  particular  time.  If  you  take  it 
upon  yourselves,  largely  or  solely  because  you  dis- 
agree, and  strongly  disagree  with  the  Socialist  Party, 
its  program  and  policies,  to  bar  these  five  representa- 
tives of  the  party,  then  what  you  will  have  said  in 
effect  is  this:  That  we  will  tolerate  none  in  this  As- 
sembly except  those  whose  views  and  platforms  are 
approved  by  us — in  other  words,  Republicans  and 
Democrats.  .  .  . 

"Where  is  your  compass  in  this  wild  political  navi- 
gation? Where  is  your  stable,  definite,  solid  test,  by 
which  to  uphold  popular  representation?  If  there  was 
anything  at  all  to  illustrate  and  prove  conclusively  and 
concretely  the  danger  of  the  method  of  departing  from 
constitutional  qualifications,  the  danger  of  inscribing 
into  the  law  new  tests,  new  qualifications  based  upon 
your  concepts  of  what  is  right  and  what  is  wrong,  it 
has  been,  I  say,  this  proceeding  more  than  anything 
else. 

'T  expect,  of  course,  that  in  the  consideration  of  this 
case  and  in  arriving  at  your  conclusions,  you  will  bear 
that  point  in  mind  that  we  made  at  the  outset  particu- 
larly. I  cannot  see  how  you  can  possibly  refuse  to  seat 
these  five  men  and  at  the  same  time  comply  with  that 
part  of  the  Constitution  which  specifically  prohibits 
from  adding  any  additional  test  or  qualification  for 
members  of  this  House,  other  than  those  contained  in 
the  Constitution  and  recited  in  the  oath  of  office.  In 
order  to  unseat  these  men  you  will  have  to  reverse 
yourselves  in  your  unanimous  decision  in  the  Decker 


190  ALBANY 

case,  in  which  you  expressed  your  position  very 
soundly  and  at  any  rate  very  clearly. 

"Throughout  all  these  weary  days  of  testimony  we 
have  been  trying  to  be  helpful  to  the  Committee;  we 
have  not  withheld  anything  in  our  possession.  We 
have  freely  submitted  to  your  Committee ;  we  have  an- 
swered all  questions;  we  have  stated  our  creed;  we 
have  stated  our  platform;  we  have  stated  our  meth- 
ods. We  have  given  you  all  the  facilities  to  arrive  at 
a  proper  conclusion. 

"Let  me  be  frank  with  you.  If  we  had  been  guided 
only  by  a  question  of  political  advantage,  we  might 
have  sabotaged  this  proceeding  a  little ;  we  might  have 
goaded  you  a  little  into  a  decision  against  us ;  for  from 
a  political  point  of  view,  I  cannot  see  anything  that 
would  benefit  the  Socialist  Party  more  than  an  adverse 
decision.  For  remember,  we  are  a  rival  political  party. 
Your  political  mistakes  are  our  political  gain.  Your 
political  ruin  will  be  our  political  upbuilding,  and  we 
cannot  conceive  of  a  more  flagrant  political  mistake, 
of  a  more  flagrant  political  and  moral  wrong,  thcin  the 
unseating  of  these  five  men. 

"But,  gentlemen,  do  you  also  recognize  the  higher 
and  more  important  principle  involved  in  this  proceed- 
ing, the  principle  greater  than  any  possible  immediate 
political  advantage?  We  recognize  that  in  trying  this 
issue,  you  are  making  political  history.  For  the  first 
time  since  the  existence  of  this  Republic,  aye,  I  will 
go  a  step  further  and  say  for  the  first  time  in  any 
country  of  parliamentary  government,  has  a  case  of 
this  kind  come  up,  a  case  involving  the  outlawry  of 
an  entire  political  party,  a  case  in  which  the  majority 
political  parties  may  take  it  upon  themselves  to  bar  a 
minority  party  because  they  strongly  disagree  with 
such  minority.  .  .  . 

"Like  a  blow  came  this  action  of  the  Speaker  of  the 


DEFENSE  SUMMING-UP  191 

House  in  connection  with  these  five  Socialists.  It 
was  overstepping  the  limit  somewhat.  It  has  caused 
a  reaction  somewhat,  and  to  that  extent  it  has  done 
good.  But  let  me  say  to  you,  gentlemen,  it  is  abso- 
lutely inconceivable  that  in  times  of  normal,  rational 
conditions,  any  such  proceedings  would  have  been 
undertaken.  Socialists  have  been  Socialists  of  the 
same  kind  as  they  are  now,  all  the  time,  many  and 
many  years.  They  have  been  elected  to  various  ofBces 
and  they  have  been  allowed  to  hold  office.  These  very 
members,  or  a  majority  of  them,  have  been  in  this 
House,  last  year  and  the  year  before,  after  their  atti- 
tude on  the  war  had  been  made  public  and  was  gener- 
ally known,  after  these  various  manifestoes  dated  from 
19 1 6  had  been  adopted,  after  these  regulations  writ- 
ten in  1909  and  1908  had  been  published.  Their  seats 
were  never  questioned.  Attempts  were  made  on  the 
part  of  one  or  another  individual  to  bring  about  their 
unseating.  It  was  frowned  down  and  squelched  by 
the  very  same  Speaker  of  the  House.  And  I  say  it 
is  only  morbid,  political  psychology  which  prevailed  in 
this  country  a  short  time  ago  that  made  this  proceed- 
ing possible.  Gentlemen,  this  will  pass.  We  will  re- 
turn to  normal  conditions.  We  will  return  to  normal 
mind.  We  will  return  to  the  condition  of  an  actual 
free  and  democratic  republic,  with  toleration  for  all 
political  opinions,  so  long  as  they  meet  on  the  com- 
mon, better  ground  of  the  ballot  box  and  constitutional 
government.  And  I  say,  if  in  the  meantime  you 
should  unseat  these  Assemblymen,  while  these  nor- 
mal conditions  will  be  restored,  that  stain  upon  our 
democracy  will  never  be  washed  off,  never  be  re- 
moved. That  precedent  once  created  will  work  to- 
wards the  undoing  of  the  entire  constitutional,  rep- 
resentative system  so  laboriously  built  up  and  upheld 
in  this  country.  .  .  ." 


CHAPTER  XII 

THE    PROSECUTION    SUMS    UP— SPEECHES 
BY  MESSRS.   CONBOY  AND  BROWN 

Mr.  Hillquit's  speech  for  the  defense  was  followed 
by  an  address  by  Mr.  Martin  Conboy,  who  began  the 
summing  up  for  the  prosecution.  Mr.  Conboy  is  tall 
and  heavy.  His  manner  during  his  address  was  cold, 
cjmical,  and  ponderous. 

In  the  beginning  he  emphasized  what  had  already 
become  abundantly  apparent — that  it  was  the  Socialist 
Party  that  was  on  trial  and  not  the  five  unseated  As- 
semblymen.   Said  he : 

"It  is  not  the  intention  of  counsel  for  this  Commit- 
tee to  do  other  in  the  course  of  the  discussion  of  this 
evidence  than  to  refer  to  such  portions  of  it  as  are  con- 
tained in  the  official  pronouncements,  proclamations, 
manifestoes,  declarations,  platforms  and  writings  of 
the  party  itself,  and  the  statements  of  its  accepted 
leaders. 

"There  will  be  observable  a  studied  intent  to  keep 
directly  within  this  character  of  testimony,  and  if  it 
brings  the  conviction  to  the  minds  of  the  Committee 
and  the  minds  of  the  members  of  this  Assembly,  that 
we,  who  have  given  it  the  closest  attention  and  scru- 
tiny, believe  that  it  will,  THESE  MEN  WILL  SUF- 
FER FOR  THE  OFFICIAL  PRONOUNCE- 
MENTS, DECLARATIONS,  AND  PLATFORMS 
OF  THE  SOCIALIST  PARTY  OF  AMERICA,*  as 

*  Italics  mine. 

192 


THE  PROSECUTION  SUMS  UP     193 

declared  in  the  official  statements  of  that  party  and 
for  their  undoubted  participation  in  the  disloyal  and 
treasonable  conduct  of  the  party.  .  .  . 

"There  is,  at  the  present  time,  in  process  of  organi- 
zation or  has  been  already  organized,  what  is  known 
as  the  Third  Internationale.  It  was  preceded  by  two 
others,  known  respectively  as  the  First  and  Second 
Internationales.  Each  one  of  these  international 
understandings  between  the  Socialist  groups  in  vari- 
ous countries  had  a  purpose  common  with  that  which 
will  probably  characterize  the  Third  Internationale. 
The  phrases  of  international  Socialism  have  not  been 
changed.  The  phrases  and  expressions  which  have 
been  used  here  time  and  again  may  be  read  in  the  lit- 
erature of  Socialism  for  more  than  a  generation.  The 
phrase  that  "the  only  struggle  in  which  the  working 
class  is  interested  is  the  class  struggle"  may  be  found 
in  the  record  of  the  trial  of  the  anarchists  a  generation 
ago,  in  Chicago.  "International  working  class  soli- 
darity" is  no  new  expression.  Unity  of  the  workers  of 
the  world  dates  back  to  the  manifesto  of  Marx  and 
Engels.  There  is  nothing  new  in  any  of  these  terms 
and  expressions,  and  we  must  look  deeper  to  see  what 
it  is  that  has  caused  the  institution  of  this  inquiry  and 
what  lies  at  the  bottom  and  constitutes  the  foundation 
of  this  investigation.  .  .  ." 

After  stating  the  history  and  purpose  of  the  first 
and  second  Internationale,  as  he  knew  it,  Mr.  Conboy 
continued : 

"But  the  Socialist  Party  of  America  put  its  alle- 
giance to  the  principles  of  internationalist  above  its 
allegiance  to  the  United  States  of  America.  Its  mem- 
bers were  true  to  their  faith,  and  were  not  led  away 
by  the  false  doctrine  of  national  patriotism,  but  stead- 
fastly maintained  and  upheld  the  ideal  of  international 
working  class  solidarity,  and  called  upon  the  workers 


194  ALBANY 

of  the  United  States  to  refuse  support  to  this  govern- 
ment in  the  war. 

"Two  thousand  members  of  the  party  were  arrested 
for  their  activities,  and  the  principal  executive  officers 
and  members  of  the  executive  committee  were  in- 
dicted, convicted  and  sentenced  to  terms  of  imprison- 
ment." 

The  orator  then  discussed  the  formation  of  the  third 
Internationale  at  Moscow.    Resuming,  he  said: 

"We  are,  therefore,  confronted  at  this  day  and  by 
virtue  of  these  recent  events  and  facts  with  the  neces- 
sity for  determining  how  we  shall  treat  this  group  of 
persons  who  are  in  the  United  States  but  not  of  it, 
who,  while  accepting  the  benefit  of  our  laws  and  insti- 
tutions and  sacrifices  of  blood  and  treasure,  given  to 
support  them,  refuse  their  support  to  them,  who  take 
all  they  can  get  but  will  not  give  a  life  or  a  dollar  to 
preserve,  defend  and  perpetuate  the  government  that 
is  their  sole  and  only  guaranty  of  life,  liberty,  prop- 
erty, and  the  pursuit  of  happiness. 

"It  is  the  first  time  since  the  rebellion  of  1861  that 
notice  has  been  plainly  and  explicitly  served  upon  the 
government  of  the  United  States  by  a  group  of  men 
residing  within  its  borders  that  they  will  not  support 
or  defend  it,  but  that  on  the  contrary,  they  will  by  all 
means  in  their  power  obstruct  and  resist  it  in  its  effort 
to  maintain  in  time  of  stress  its  national  honor  and  ex- 
istence. The  present  issues,  therefore,  transcend  in 
importance  even  the  war  program  of  the  Socialist 
Party  of  America  adopted  in  April,  191 7;  for  disloyal 
and  traitorous  as  that  program  was,  the  present  inter- 
national affiliations  and  the  purposes  of  the  same  are 
the  evidence  sufficient  and  satisfactory  to  the  point  of 
demonstration  that  what  transpired  at  that  time  was 
not  an  isolated  act  of  disloyalty,  but  only  the  initial 
step  in  a  continuing  program  of  treason.    The  Social- 


THE  PROSECUTION  SUMS  UP    195 

ist  Party  of  America  is  not  a  loyal  organization,  dis- 
graced occasionally  by  the  traitorous  act  of  a  mem- 
ber, BUT  A  DISLOYAL  PARTY  OF  PERPETUAL 
TRAITORS.  .  .  ." 

Mr.  Conboy  contended  that  the  Socialists  v/ere  no 
longer  satisfied  with  using  "force  and  violence,"  but 
decided  upon  a  "means  of  a  more  insidious  character," 
the  use  of  "the  institutions  of  the  government  to  de- 
stroy it."    Referring  to  the  oath,  he  said : 

"The  taking  of  this  oath  is  not  a  mere  formality. 
The  pronouncement  of  its  terms  is  not  exacted  as  a 
mere  lip  service.  It  has  a  definite  purpose  and  object. 
It  is  intended  to  secure  an  official  statement  from  and 
pledge  by  those  who  have  been  elected  to  office  under 
this  State  that  they  will  support  the  constitutions  of 
the  United  States  and  of  the  State.  If  a  member  of 
this  Assembly,  duly  elected  by  the  votes  of  his  con- 
stituents, were  to  present  himself  at  the  bar  of  this 
House  and  declare  that  he  would  refuse  to  take  the 
oath  to  support  the  Constitution  of  the  State  of  New 
York,  he  would  be  refused  admission  as  a  member  of 
this  body.  It  would  not  make  any  difference  whether 
he  refused  to  take  that  oath  because  of  an  expressed 
determination  to  refuse  support  to  this  government  or 
because  of  failure  upon  his  part  to  give  any  explana- 
tion for  his  conduct.  The  situation  is  no  different  if 
a  man  elected  by  the  vote  of  a  constituency  to  take  a 
seat  in  this  body  subscribes  to  and  accomplishes  the 
formality  of  the  constitutional  oath  of  office,  but  is  a 
member  of  an  organization  whose  principles  and  ten- 
ets he  has  accepted  in  their  fullness  which.require  him 
and  all  the  members  of  the  same  organizations  to  re- 
fuse support  to  this  government  in  time  of  stress  and 
national  crisis  when  the  very  existence  of  the  govern- 
ment is  threatened,  when  powers  domestic  or  foreign 
are  endeavoring  to  pull  down  the  structure;  and  the 


196  ALBANY 

man  who  at  that  time  is  pledged  to  obstruct  and  re- 
sist the  effort  of  the  government  to  sustain  itself  can- 
not without  a  lie  upon  his  lips  and  within  his  heart 
take  an  oath  to  support  the  Constitution  of  the  State 
of  New  York  and  the  Constitution  of  the  United 
States,  and  his  attempt  to  qualify  by  taking  an  oath 
which  he  does  not  mean  to  keep  should  be  utterly  dis- 
regarded as  patently  sham  and  a  mere  cloak  for 
treachery." 

At  this  point,  Mr.  Conboy  turned  aside  from  his 
theme  to  discuss  "Bolshevism"  and  the  workings  of 
the  Soviet  system  in  Russia.  Having  polished  ofiE 
these  subjects  to  his  satisfaction,  Mr.  Conboy  then 
resumed : 

"And  now  I  come  to  apply,  with  the  aid  of  the  evi- 
dence, these  fundamental  principles  to  which  I  have 
been  directing  your  attention,  to  the  charges  that  have 
been  made  against  these  five  Socialist  Assemblymen 
and  the  party  of  which  they  are  members ;  and  I  shall 
very  largely  follow,  in  this  connection,  the  lines  of 
the  argument  made  by  the  representative  of  these  five 
men  in  his  remarks  delivered  in  this  Chamber  yes- 
terday. 

"The  Socialist  Party  of  America  is  neither  a  party 
nor  American.  It  is  an  organization  created  for  the 
purpose  of  accomplishing  in  the  United  States  by  any 
available  means,  determined  only  by  national  condi- 
tions and  exigencies,  the  social  revolution  and  the  es- 
tablishment of  a  Socialist  commonwealth  as  part  of 
the  international  revolution  of  which  the  present 
Soviet  government  of  Russia  is  a  part.  .  .  ." 

Referring  to  the  St.  Louis  platform  adopted  at  the 
National  Convention  of  the  Socialist  Party  in  April, 
1917,  Mr.  Conboy  continued: 

"The  explanation  of  the  anti-American  attitude  of 
the  Socialist  Party  of  America  during  the  war  lies  in 


THE  PROSECUTION  SUMS  UP    197 

the  anti-national  and  pro-international  character  of  its 
program.  Its  members  are  not  occasional  but  perpet- 
ual traitors,  in  constant  conflict  not  merely  with  the 
purposes  of  any  temporary  administration  of  the  af- 
fairs of  this  government,  but  with  its  very  institutions 
and  fundamental  laws.  They  are  citizens  not  of  the 
United  States,  but  subjects  of  the  Internationale 
whose  pronouncements  are  to  be  given  their  moral 
support,  a  support  which  they  not  only  withhold 
from,  but  deny  to  the  government  of  the  United 
States.  Their  submission  to  the  laws  of  this  country 
is  a  matter  of  expediency  or  the  result  of  the  coercion 
of  the  Penal  Law.  Resistance  to  the  raising  of  na- 
tional armies  or  repudiation  of  the  solemn  obligations 
of  the  nation  were  advocated,  approved  and  adopted 
by  the  deliberate  and  overwhelming  support  of  the 
membership  of  the  party  and  only  deleted  or  exorcised 
from  its  platform  by  an  utter  usurpation  of  power  on 
the  part  of  the  National  Executive  Committee  of  the 
Socialist  Party,  to  hide  from  the  public  authorities  the 
illegal  purposes  of  the  party  and  to  suppress  and  con- 
ceal the  evidences  of  its  unquestioned  guilt.  To-day 
these  illegal  provisions  stand  unrepealed  and  no  at- 
tempt has  been  made  to  secure  their  elimination  from 
the  platform  of  the  party  or  by  any  means  known  to 
or  accepted  by  its  organic  form." 

Mr.  Conboy  then  launched  into  a  long  and  intricate 
discussion  of  the  various  "Internationales"  and  what 
he  called  the  dictatorship  of  Moscow,  which  he  de- 
clared was  trying  to  extend  itself  to  the  United  States. 
He  then  resumed  his  argument  as  follows: 

"Now,  we  come  to  a  consideration  of  the  methods  or 
tactics  by  which  the  Socialist  Party  of  America  hopes 
to  accomplish  these  things.  The  Socialist  Party  of 
America  is  preparing  for  and  attempting  to  bring 
about  a  revolution  in  this  country  as  a  part  of  the  in- 


1^3  ALBANY 

ternational  social  revolution  for  the  foregoing  purpose 
and  to  accomplish  the  foregoing  program  by  the  fol- 
lowing unlawful  methods : 

"First :  It  has  opposed  and  obstructed  and  continues 
to  oppose  and  obstruct  the  government  of  the  United 
States  and  of  this  State  in  all  measures  relating  to  the 
national  and  state  defense.  Its  purpose  in  so  doing  is 
a  manifest  one :  to  weaken  and  leave  defenseless  the 
government  of  State  and  Nation  against  the  attacks  of 
foreign  and  domestic  enemies,  and  thus  deprive  it  of 
that  right  of  self-preservation  which  is  admittedly  the 
first  law  of  governments  as  it  is  of  individuals. 

"Second:  It  has  advocated  and  incited  the  destruc- 
tion of  the  existing  government  of  the  United  States 
by  illegal  mass  action. 

"Third:  While  professing  to  utilize  political  action, 
it  constantly  denies  that  existing  evils  or  defects  may 
be  remedied  by  such  action,  and  insists  that  such  po- 
litical action  must  be  supplemented  by  violence  and 
mass  action,  which  it  advocates,  both  directly  and  by 
insinuation  and  suggestion. 

"Fourth :  The  political  action  of  the  party  is  respon- 
sive only  to  the  dues-paying  membership.  Those  who 
are  elected  to  office  are  bound  to  follow  the  dictates  of 
such  membership  and  their  compliance  is  compelled 
by  drastic  and  comprehensive  provisions  in  the  con- 
stitutions of  the  party. 

"Fifth:  These  methods  and  tactics  are  prescribed 
for  the  members  of  the  party  as  an  integral  part  of  the 
party's  principles  and  program  by  a  great  international 
body.  In  the  employment  of  each  and  all  of  these 
methods,  the  Socialist  Party  of  America  is  in  harmony 
and  accord  with  the  radical  revolutionary  Socialists  in 
all  the  countries  of  the  world.  .  .  ." 

The  speaker  then  quoted  extensively  from  alleged 
utterances  by  Eugene  V.   Debs  and  Kate  Richards 


THE  PROSECUTION  SUMS  UP    199 

O'Hare,  imprisoned  Socialists,  in  regard  to  war,  say- 
ing: 

"The  position  taken  by  Debs  is  the  position  of  the 
party.  The  acceptance  of  the  program  promulgated 
by  Lenine  and  Trotsky  through  the  instrumentality  of 
the  Third  Internationale  at  Moscow  is  a  program  of 
force  and  violence.  It  is  this  program  that  the  Assem- 
blyman-elect, Louis  Waldman,  in  his  speech  of  No- 
vember 7,  19 19,  unqualifiedly  supports  and  approves. 
I  have  also  emphasized  that  the  document  known  as 
the  Manifesto  of  the  Moscow  Internationale  exhorts 
the  proletariat  of  all  lands,  including  the  United  States 
of  America,  to  disarm  the  bourgeoisie  at  the  proper 
time  and  arm  the  laborer.  This  is  no  peaceful  revolu- 
tion, but  means  force  and  violence." 

At  last  Mr.  Conboy  came  to  the  point  where  he  said 
he  was  ready  to  "deal  with  certain  acts,  conduct,  and 
declarations  of  these  individual  members  of  the  So- 
cialist Party  who  are  the  subjects  of  this  investiga- 
tion." All  these  acts  and  declarations,  however, 
proved  to  be  nothing  more  than  what  had  already 
been  previously  emphasized — that  all  the  accused  As- 
semblymen were,  in  truth,  active,  dues-paying  mem- 
bers of  the  Socialist  Party. 

Said  Mr.  Conboy:  "Mr.  Hillquit  well  said  that  the 
Socialist  Party  was  not  a  pacifist  party.  It  will  not 
be  necessary  to  review  in  detail  the  evasive  responses 
made  by  Waldman  to  questions  respecting  the  vari- 
ous provisions  of  the  war  proclamation  of  the  Socialist 
Party,  its  various  platforms  and  pronouncements ;  that 
evidence  is  before  you ;  you  have  had  the  opportunity 
to  observe  him  on  the  witness  stand;  it  is  for  you  to 
judge  whether  his  answers  were  frank,  clear-cut  and 
responsive.  It  is  for  you  to  determine  whether  the 
witness  before  other  audiences  has  shown  the  same 
care,  caution  and  solicitude  to  impress  upon  his  audi- 


200  ALBANY 

tors  the  innocuous,  vacuous  and  wholly  innocent 
meaning  of  words  and  declarations  which  to  ordinary 
minds  carry  an  unmistakable  message  of  disloyalty, 
contempt  for  American  institutions,  and  treasonable 
purposes.  It  is  this  witness,  who,  having  just  been 
chosen  to  represent  a  district  in  an  American  legisla- 
ture, eagerly  participated  in  a  meeting  called  for  the 
purpose  of  celebrating  the  second  anniversary  of  the 
Russian  Revolution.  It  is  this  witness  who  urged  his 
hearers  to  join  the  Socialist  movement  in  America  if 
they  revered  their  Russian  comrades,  if  they  applauded 
Lenine  and  Trotsky,  if  they  believed  in  the  worthiness 
of  their  cause,  in  the  accomplishment  of  their  work,  im 
order  to  make  America  more  like  Russia  to-day. 

"Bearing  in  mind  that  at  the  time  of  uttering  his 
speech,  the  Socialist  Party  had  already  committed  it- 
self to  an  alliance  with  the  Third  Internationale  under 
the  leadership  of  Lenine  and  Trotsky  at  its  National 
Emergency  Convention  held  at  Chicago  in  September, 
1919,  the  real  meaning  of  this  plea  cannot  be  clouded 
by  the  statement  of  this  witness  to  this  Committee. 
He  was  not  satisfied  to  express  his  admiration  for  the 
Russian  regime,  but  must  needs  convince  his  hearers 
that  there  were  but  two  courses  of  action  open  to 
them.  He  presented  but  two  alternatives,  either  Rus- 
sia lives  and  conquers  the  world  (at  this  point  he  re- 
membered that  there  was  some  government  represen- 
tative sitting  in  his  audience  recording  his  utterances, 
so  he  hesitated  a  moment,  and  said :  'Not  Russia  con- 
quers the  world,  but  its  ideas  and  philosophy,  worthy 
of  the  Russian  government  to-day,  should  conquer  the 
world — either  that,  or  the  ideas  and  the  philosophy  of 
Gary  and  Wilson  and  Palmer,  Lloyd  George  and 
Clemenceau  is  to  conquer  the  world.  Between  the 
two,  for  my  part  and  for  the  part  of  thousands  of  So- 
cialists now  battling  in  America  to-day,  we  choose  to 


THE  PROSECUTION  SUMS  UP    201 

stand  by  the  ideas  and  philosophy  and  program  and 
principles  of  Lenine  and  Trotsky  as  those  we  approve.' 
Before  an  audience  of  his  own  kind,  Waldman  has 
given  expression  to  his  real  meaning  and  real  pur- 
pose. It  is  to  the  program  of  Lenine  and  Trotsky  that 
this  Assemblyman-elect  has  committed  himself.  You 
have  before  you  in  detail  that  program.  It  is  set  out 
in  clear  and  unmistakable  terms  in  the  Manifesto  of 
the  Moscow  Internationale,  which  has  been  offered  in 
evidence  bearing  the  signature  of  Lenine  and 
Trotsky." 

Mr.  Conboy  concluded  by  saying : 

"It  is  of  the  utmost  importance  that  these  matters 
shall  be  given  the  most  careful  attention  and  scrutiny, 
for  upon  the  one  hand  the  determination  is  involved 
whether  we  are  to  harbor  within  the  United  States, 
and  sanction,  by  permitting  the  use  of  our  legislative 
halls  to  them,  a  group  of  men  pledged  to  destroy  our 
institutions ;  or  whether,  upon  the  other  hand,  we  are 
to  maintain  against  such  attacks  the  integrity  of  our 
institutions." 

The  last  speech  for  the  prosecution  was  delivered  by 
former  State  Senator  Elon  R.  Brown.  Mr.  Brown  has 
always  been  known  as  reactionary,  even  among  the 
members  of  his  own  party.  He  is  a  large,  fleshy, 
heavy-set  man,  advanced  in  years,  and  suffers  from  a 
defect  in  his  hearing,  which  perhaps  partly  explains 
why  new  ideas  are  so  long  in  reaching  the  ex-Sena- 
tor's mind.  In  his  capacity  as  leader  of  the  Republican 
Party  during  his  term  in  the  legislature,  ex-Senator 
Brown  was  responsible  for  measures  which  well-nigh 
nullified  all  the  existing  laws  against  the  employment 
of  child  labor  in  the  State,  and  he  was  always  a  cham- 
pion of  the  manufacturing  interests  in  their  opposition 
to  labor  welfare  bills. 

In  opening  his  speech,  he  declared  it  to  be  "impor- 


202  ALBANY 

tant  that  a  rule  should  be  laid  down  now,  and  that  a 
party  has  arisen,  or  what  claims  to  be  a  party  and  or- 
ganized for  the  purpose  for  which  the  Socialist  Party 
is  organized,  to  say  whether  or  not  now  and  here- 
after, the  members  of  that  party  are  competent  under 
the  Constitution,  to  sit  here  and  perform  the  high  du- 
ties which  are  devolved  upon  the  sovereign  body  of 
the  State." 

Continuing,  he  said:  "I  DREAD  TO  TAKE  UP 
WITH  YOU  AND  FOLLOW  THE  PRECEDENTS 
UPON  THIS  SUBJECT.  IT  WOULD  BE  MORE 
INTERESTING  FOR  ME  TO  SPEAK  TO  YOU 
GENERALLY  ABOUT  IT,  BUT  IT  IS  A  MATTER 
OF  SUCH  VITAL  IMPORTANCE,  IT  IS  SO  ES- 
SENTIAL THAT  YOU  SHOULD  FORM  A  JUST 
JUDGMENT  UPON  IT;  IT  WILL  CARRY 
WEIGHT  NOT  ONLY  IN  THE  JUDGMENT  OF 
THIS  CASE,  BUT  IT  WILL  CARRY  WEIGHT  IN 
THIS  HISTORY  OF  THE  STATE;  IT  WILL 
CARRY  WEIGHT  IN  OTHER  STATES ;  IT  WILL 
BE  THE  BASIS  OF  ACTION  NOT  ONLY  IN 
THIS  JUDGMENT,  BUT  IN  OTHER  JUDG- 
MENTS, AND  IT  IS  OF  THE  FIRST  IMPOR- 
TANCE THAT  YOUR  ACTIONS  SHOULD  BE 
ALONG  RIGHT  LINES."  * 

Mr.  Brown  went  on  to  contend  that  while  it  might 
not  be  all  right  for  the  Assembly  to  expel  certain  men 
at  one  time,  it  was  perfectly  all  right  for  it  to  do  so  at 
another  time.  This  novel  viewpoint  he  elaborated 
upon  in  the  following  words : 

"Of  course  the  necessity  of  self-defense  is  greater  at 
some  times  than  it  is  at  others.  The  necessity  of  the 
exercising  of  the  right  of  self-defense  by  a  legislative 
body  in  the  trying  times  of  the  great  rebellion,  was 
greater  than  in  piping  times  of  peace,  and  it  is  because 

*  Capitals  mine. 


THE  PROSECUTION  SUMS  UP    203 

the  necessity  of  considering  the  question  which  you 
are  now  considering  is  greater  now  than  it  has  ever 
been  before  that  this  case  has  arisen.  If  it  had  not 
been  for  the  war  and  the  development  and  the  conse- 
quences of  the  war,  this  case  would  never  have  arisen. 
The  counsel  for  the  defense  are  right  in  that  respect. 
But  because  the  occasion  is  different  and  the  necessity 
is  greater,  doesn't  result  in  the  conclusion  that  the 
right  could  not  or  ought  not  to  be  exercised  at  other 
tinies.  It  is  because  the  duty  then  becomes  plain  in 
the  light  of  conditions  which  is  only  seen  dimly  when 
everything  is  moving  along  slowly,  easily  and  peace- 
fully." 

Early  in  Mr.  Brown's  speech.  Assemblyman  Evans 
interrupted  him  to  ask  his  definition  of  the  word  "test," 
as  used  in  Article  3,  of  the  State  Constitution,  to  the 
effect  that  "no  other  oath,  declaration,  or  test  shall  be 
required."    The  speaker  replied : 

"Well,  the  word  'test'  has  a  very  definite  meaning  in 
the  development  of  constitutional  history.  They  for- 
merly had  a  Test  Act  and  Test  Acts  in  England  and 
other  parts  of  the  English  Empire,  by  which  a  man,  for 
instance,  who  was  a  Catholic  could  not  be  admitted  to 
a  legislative  body.  The  Test  Act — I  have  not  briefed 
up  the  subject,  but  I  am  familiar  with  it  in  a  general 
way,  as  I  have  read  of  them  in  history — the  test  re- 
ferred to  is  that  a  man  shall  not  be  required  to  say  that 
he  does  or  does  not  believe  in  this  or  that  or  any  other 
thing  which,  under  our  Constitution,  is  deemed  to  be 
a  matter  of  free  exercise  of  his  thought,  judgment,  and 
conscience.  It  had  principal  relation  to  religious  tests. 
I  can  see  that  it  may  have  application  to  other  tests, 
but  it  certainly  does  not  apply  to  a  case  like  this,  of 
alleged  disloyalty  to  the  country,  for  the  reason  that 
the  test  of  disloyalty  to  the  country  is  embraced  in  the 
constitutional  oath  which  every  one  of  you  is  required 


204  ALBANY 

to  take ;  and  the  only  test  which  is  to  be  applied  in  this 
case  is  the  test  which  is  expressly  applied  by  the  Con- 
stitution, namely,  ability  to  take  the  oath  and  com- 
pliance with  it." 

In  giving  his  understanding  of  the  meaning  of  So- 
cialism, ex-Senator  Brown  was  at  his  best.  He  took 
particular  alarm  at  the  statement  that  under  a  prole- 
tarian regime  those  people  who  will  not  work  must 
starve.    Said  he : 

"Hitherto  a  man's  desire  for  an  opportunity  to  em- 
ploy his  energy,  his  talents  for  individual  advancement 
to  acquire  means  for  the  establishment  of  a  home  and 
the  care  of  his  loved  ones,  has  furnished  the  chief  im- 
pelling motive  for  the  establishment  of  a  free  and 
democratic  government. 

"Opportunity ;  opportunity — the  basis  of  the  heart's 
desire  and  of  every  human  institution,  since  the  crea- 
tion during  the  entire  history  of  man,  that  has  been  the 
struggle  of  humanity  for  individual  opportunity  and 
that  age-long  quest  at  last  found  its  great  triumph  and 
success  in  the  American  Republic.  The  opportunity 
to  develop  your  talents,  to  get  an  education,  to  find  em- 
ployment and  occupation  for  the  purpose  of  saving  and 
accumulating  so  that  you  and  yours  might  be  in  com- 
fort; the  opportunity  to  gratify  the  proper  ambition, 
the  reasonable  ambition,  of  the  human  heart  for  posi- 
tion in  life,  in  business,  in  society,  in  government ;  the 
opportunity  to  be  free  and  to  have  secured  the  earn- 
ings which  your  talents  and  your  industry  have 
brought  you — this  has  been  the  picture  which  has  been 
held  before  the  human  mind  and  which  has  demanded 
gratification  of  the  human  heart  through  all  the  his- 
tory of  the  development  of  civilization,  and  nowhere 
was  it  ever  realized  before  in  the  degree  that  it  has 
been  realized  in  this  Republic. 

"Now,  Socialism,  as  summed  up  by  Morris  Hillquit 


THE  PROSECUTION  SUMS  UP    205 

may  be  summed  up  in  an  even  briefer  form.  Hereto- 
fore, thrift  and  the  CAREER  OF  THE  INDIVID- 
UAL WHO  DESIRED  TO  SUCCEED  IN  THE 
WORLD  FINANCIALLY  HAS  BEEN  CON- 
TROLLED BY  SUBTRACTION  AND  ADDI- 
TION. HE  SUBTRACTED  FROM  HIS  EX- 
PENSES AND  THE  GRATIFICATION  OF  HIS 
WISHES  AND  HE  ADDED  TO  HIS  INDUSTRY 
AND  HIS  SAVINGS  SO  THAT  HE  MIGHT  AC- 
CUMULATE, AND  THE  RESULT  HAS  BEEN 
THE  GREATEST  AVERAGE  FINANCIAL  WEL- 
FARE IN  THIS  COUNTRY  THAT  THE  WORLD 
HAS  EVER  KNOWN,  NOT  AT  ANY  ONE  PAR- 
TICULAR PERIOD,  BUT  AT  ALL  PERIODS. 
NOW,  MR.  HILLQUIT  WOULD  SUBSTITUTE 
FOR  ADDITION  AND  SUBTRACTION,  DI- 
VISION. That  is,  instead  of  working  harder  and  sav- 
ing more  and  denying  oneself,  WE  WILL  SIMPLY 
DIVIDE  UP  WHAT  OTHER  PEOPLE  HAVE 
SAVED?  ISN'T  THAT  A  FAIR  STATEMENT 
OF  IT?  * 

"If  this  were  a  dream  of  Utopia  or  of  a  millennium 
or  even  a  Seventh  Day  Adventist  plan  of  translation 
to  a  better  world,  it  would  not  require  your  attention. 
It  would  only  arouse  your  amusement  and  furnish  to 
you  what  Mr.  Hillquit  claims  we  are  bound  to  furnish 
at  the  expense  of  those  who  have  saved,  to  all  the  peo" 
pie  he  represents ;  that  is,  amusement  and  the  blessings 
of  civilization.  It  is  not  the  suggestion  that  demands 
our  notice,  but  the  proposed  means  as  they  affect  US, 
the  state  and  the  nation.  If  the  program  succeeds,  we 
shall  no  longer  have  a  government  of  the  people,  by 
the  people  and  for  the  people,  because  it  clearly  ap- 
pears in  their  program  that  it  is  not  the  people,  but  a 
class;  and  we  will  have  a  government  of  the  prole- 

*  Capitals  mine. 


2o6  ALBANY 

tariat,  for  the  proletariat  and  by  the  proletariat;  that 
is,  government  by  a  class  and  all  who  are  not  of  the 
class  must  surrender  all  their  worldly  possessions  for 
the  enjoyment  of  that  class,  and,  as  Waldman  says,  if 
they  don't  go  to  work, — that  is,  work  as  approved  by 
the  proletariat — they  must  starve. 

"THIS  PROGRAM  WOULD  BE  SUFFICIENT- 
LY STARTLING  AS  A  PEACE  PROGRAM, 
BUT  AS  A  REVOLUTIONARY  PROGRAM,  AC- 
COMPANIED BY  REVOLUTION,  IT  IS  TERRI- 
FYING, AND  AS  FAR  AS  IT  HAS  PROGRESSED, 
MENACING  TO  THE  GOVERNMENT  AND  THE 
INSTITUTIONS  OF  OUR  COUNTRY."  * 

Mr.  Brown  compared  the  modern  Socialist  program 
to  the  "eruptions  of  Alaric  and  his  barbaric  hordes"  of 
ancient  times.    He  said : 

"A  somewhat  cursory  examination  of  the  present  So- 
cialistic program  shows  that  it  differs  from  Alaric's 
adventure  chiefly  in  the  expectation  that  the  Huns  are 
already  securely  quartered  upon  us,  and  can,  if  for- 
eigners take  advantage  of  the  nations'  hospitality,  and 
if  citizens  employ  their  privileges  to  conquer  the  land 
and  divide  the  booty;  and  all  that  intervenes  between 
their  carrying  out  of  this  program  is  awakening  them 
to  a  sense  of  their  power." 

Ex-Senator  Brown  gave  his  own  private  definition  of 
what  he  conceived  the  Socialist  philosophy  to  be  in 
the  following  words:  "Stripped  of  its  rhetorical  orna- 
ments, it  is  that  a  certain  class,  including  the  foreign- 
born  and  foreigners,  who  number  millions,  should  take 
the  accumulated  wealth  of  all  the  generations  that 
have  toiled  and  saved  on  this  continent,  and  to  divide 
among  those  who  arrived  yesterday  and  the  day  be- 
fore, as  well  as  twenty  years  ago." 

Mr.  Brown  then  pointed  with  alarm  to  a  certain 

*  Capitals  mine. 


THE  PROSECUTION  SUMS  UP    207 

speech  once  delivered  by  Eugene  V.  Debs,  in  which  a 
reference  to  "crimson  flowers"  was  interpreted  by  the 
horrified  ex-Senator  to  mean  "blood."  He  quoted  Mr. 
Debs  as  saying  in  a  speech  delivered  in  Cleveland 
March  13,  1919: 

"  'These  crimson  flowers  that  have  just  been  pre- 
sented to  me,  represent  the  springtime,  the  springtime 
of  revolution.' 

"WHAT  DID  HE  MEAN  BY  THAT?" 
shouted  Mr.  Brown.  "HE  MEANT  BLOOD. 
IT  ISN'T  SUSCEPTIBLE  OF  ANY  OTHER  IN- 
TERPRETATION! HE  ADVOCATED  AND  IN- 
CITED HIS  HEARERS  TO  TREAT  THE  CRIM- 
SON FLOWERS  AS  REPRESENTING  THE 
SPRINGTIME  OF  REVOLUTION!  IT  WAS  NO 
ACCIDENT  THAT  THEY  V/ERE  CRIMSON."  * 

The  Socialist  recognition  of  the  class  struggle  the 
ex-Senator  described  as  "a  return  to  barbarism"  in  the 
following  language: 

"Mr.  Hillquit's  proposal  to  do  away  with  all  conflict 
between  classes  is  to  destroy  all  classes  except  his 
own.  That  is  the  reason  and  meaning,  that  is  the 
means  that  he  proposes  to  employ  to  do  away  with 
class  rule.  He  proposes  so  far  as  all  classes  are  con- 
cerned to  make  a  wilderness  and  call  it  peace.  It  is 
the  suppression  of  right  by  might.  It  is,  so  far  as  its 
very  innermost  principle  is  concerned,  a  return  to  bar- 
barism." 

That  there  were  no  charges  against  the  Socialist  As- 
semblymen as  individuals  was  the  admission  of  Mr. 
Brown  at  one  place  in  his  speech.  He  admitted  that  if 
the  five  Socialists  had  been  guilty  of  specific  offenses, 
the  law  would  be  able  to  take  care  of  them.  On  this 
point  he  explained  his  sentiments  as  follows : 

"I  v/ish  to  say  now  that  for  my  part,  and  I  say  it 

*  Capitals  mine. 


2o8  ALBANY  ' 

with  the  entire  concurrence  of  all  of  the  counsel  upon 
this  side,  that  if  it  were  mere  aggressions,  the  law 
would  be  sufficient  to  treat  the  individuals  who  are 
guilty  of  them,  but  such  a  claim  cannot  for  an  instant 
be  maintained.  .  .  ." 

The  former  Senator  also  took  a  turn  at  shaking  the 
bogeyman  of  Bolshevism  at  the  Judiciary  Committee 
by  saying: 

"You  can  judge  as  well  perhaps  as  anything  of 
whether  the  utterances  of  Mr.  Hillquit  are  benign 
about  his  explanation  of  his  friend  Debs,  which  I  read 
to  you ;  of  Lenine,  *a  sober  and  moderate  man,'  and  as 
he  says,  whose  friendship  he  enjoys.  Lenine,  the  mon- 
ster who  has  brought  ruin  to  the  civilization  of  Rus- 
sia, to  whose  charge  lie  innumerable  assassinations 
and  murders,  who  has  overturned  the  whole  system 
and  fabric  of  society  for  the  purpose  of  working  out 
his  will — the  Socialist  will — upon  the  people  of  Russia. 

"No  wonder  the  name  of  Bolsheviki  has  come  to  be 
a  name  of  horror.  We  have  all  seen  the  pictures  of 
the  dead  lying  in  the  streets — the  starving  women  with 
their  children.  We  know  what  it  means  in  society  as 
well  as  nationally.  We  know  that  Russia  to-day  is  the 
most  disturbed  territory  in  the  world ;  that  its  horrors 
exceed  all  horrors  of  history  since  the  French  revolu- 
tion. We  know  them.  They  have  come  to  us,  and  the 
Socialists  know  them — but  there  is  no  horror  which 
will  deter  them  from  carrying  out  the  Socialist  pur- 
poses. They  have  been  forever  a  revolution  in  the 
past,  and  they  are  forever  a  revolution  of  the  future, 
except  the  revolution  which  will  overturn  the  Bol- 
sheviki ;  and  to-day  there  is  no  doubt  from  the  evidence 
which  is  before  you,  from  the  expressions  of  opinion 
given  by  witnesses,  and  the  literature  which  you  have 
here,  that  the  American  Socialist  Party  would  run  all 
the  chances  that  its  courage  permitted  it  to,  for  the 


THE  PROSECUTION  SUMS  UP    209 

purpose  of  supporting  Lenine  and  the  Bolsheviki  of 
Russia.  What  for?  As  they  all  say,  because  it  is  rf 
monument  to  their  belief,  and  its  maintenance  will 
help  its  extension  here  and  throughout  the  world ;  and 
its  destruction  means  their  destruction,  or  at  least  the 
indefinite  postponement  of  their  revolutionary  and 
awful  program."  \ 

Mr.  Brown  made  strenuous  objections  to  Mr.  Hill- 
quit's  citation  of  the  Declaration  of  Independence.  He 
declared  that  the  Declaration  of  Independence,  as  "we" 
understand  it,  is  not  the  Socialists'  understanding  of 
the  Declaration  of  Independence.     Said  he: 

"The  Declaration  of  Independence  was  a  Declara- 
tion of  Independence  from  a  foreign  domination  and 
for  the  purpose  of  establishing  a  free  representative 
government  on  this  continent,  and  what  was  said  then 
we  adhere  to  fully,  but  it  furnishes  no  justification 
whatever  for  the  Socialist  contention.  The  declaration 
I  will  read  to  you:  'WE  HOLD  THESE  TRUTHS 
TO  BE  SELF-EVIDENT,  THAT  ALL  MEN  ARE 
CREATED  EQUAL,  THAT  THEY  ARE  EN- 
DOWED BY  THEIR  CREATOR  WITH  CER- 
TAIN INALIENABLE  RIGHTS,  THAT  AMONG 
THESE  ARE  LIFE,  LIBERTY  AND  THE  PUR- 
SUIT OF  HAPPINESS.  THAT  TO  SECURE 
THESE  RIGHTS,  GOVERNMENTS  ARE  INSTI- 
TUTED AMONG  MEN,  DERIVING  THEIR  JUST 
POWERS  FROM  THE  CONSENT  OF  THE  GOV- 
ERNED, THAT  WHENEVER  ANY  FORM  OF 
GOVERNMENT  BECOMES  DESTRUCTIVE  OF 
THESE  ENDS,  IT  IS  THE  RIGHT  OF  THE  PEO- 
PLE TO  ALTER  OR  ABOLISH  IT,  AND  INSTI- 
TUTE NEW  GOVERNMENT,  LAYING  ITS 
FOUNDATION  ON  SUCH  PRINCIPLES,  AND 
ORGANIZING  ITS  POWERS  IN   SUCH   FORM 


2IO  ALBANY 

AS  TO  THEM  SHALL  SEEM  MOST  LIKELY  TO 
EFFECT  THEIR  SAFETY  AND  HAPPINESS.' 

"Now,  Mr.  Chairman,  in  relation  to  that  passage,  I 
desire  to  call  your  attention  to  this.  Mr.  Hillquit  read 
the  words  that  were  not  read  by  Mr.  Littleton  for  the 
purpose  of  justifying  a  revolution  against  this  Gov- 
ernment. Words  that  were  uttered  in  justification  of 
the  revolution,  the  American  revolution,  he  has  twisted 
into  a  justification  for  the  action  of  the  Socialist  Party 
in  seeking  to  overthrow  this  government.  Otherwise 
his  language  cannot  be  significant.  The  Declaration 
recognized  no  class,  and  had  for  its  leaders  Washing- 
ton and  Hancock,  wealthy  men  of  their  day.  To  in- 
voke the  Declaration  of  Independence  to  justify  the 
Socialist  Party's  revolutionary  purposes  is  a  gratuitous 
insult  to  its  framers  and  the  nation.  That  declaration 
has  carried  the  torch  of  liberty  to  the  darkest  corners 
of  the  earth  and  lighted  the  footsteps  of  millions  of  the 
oppressed  to  our  shores,  among  them  Morris  Hillquit, 
August  Claessens,  and  Louis  Waldman.  But  Hillquit 
represents  the  Declaration  as  justifying  the  dedication 
of  his  life  to  employing  every  opportunity  to  benefit 
himself  personally  and  to  destroy  our  government  and 
institutions. 

"You  know  Patriotism,  as  the  Socialists  understand 
it,  is  not  our  patriotism,  and  so  you  know  the  Declara- 
tion of  Independence,  as  we  understand  it,  is  not  the 
Socialist  understanding  of  the  Declaration  of  Inde- 
pendence. They  believe  or  profess  to  believe  in  this 
statement,  that  when  our  fathers  planted,  they  sowed 
the  seed  of  tares  and  thistles  that  will  grow  up  and 
choke  and  destroy  the  crop  of  American  freedom,  lib- 
erty and  pursuit  of  happiness.  The  simile  is  not  a 
sound  one.  It  has  no  application.  It  is  not  true  in 
fact.    The  truth  about  it  is  that  another  simile  is  much 


THE  PROSECUTION  SUMS  UP    211 

more  applicable,  namely,  that  a  serpent  has  crawled 
into  the  bosom  of  the  Republic  for  the  purpose  of 
stinging  it,  if  possible,  to  death.  The  seed  was  not 
sown  with  the  original  crop.  It  is  not  a  matter  of 
vegetable  growth.  It  is  a  matter  of  animal  venom, 
and  that  venom  is  directed  to  destroying  the  institu- 
tions based  upon  the  Declaration  of  Independence." 

The  ex-Senator  then  read  from  the  opinion  of  the 
court  in  the  case  of  the  People  vs.  Most,  comparing  it 
with  that  of  the  Assemblymen's  case.  He  referred  to 
it  in  the  hope  of  prejudicing  the  cause  of  the  accused 
Assemblymen.  The  court's  decision  in  the  case  of 
Most  was  thus  apparently  intended  to  be  charged  to 
the  account  of  the  five  unseated  Assemblymen. 

Suggesting  that  if  there  were  constituencies  possess- 
ing sufficient  effrontery  to  vote  the  unseated  Assem- 
blymen back  into  their  chairs,  it  was  the  duty  of  the 
country  to  "suppress"  them,  Mr.  Brown  said: 

"It  is  suggested  that  if  these  men  are  expelled  they 
will  be  reelected  and  an  increased  Socialist  vote  will 
be  given.  That  is,  you  are  warned  that  if  you  throw 
traitors  out  of  this  House,  it  will  be  discovered  that 
they  have  traitorous  constituencies,  and  that  more 
traitors  will  be  added  to  them  because  you  have  per- 
formed your  solemn  duty.  Well,  gentlemen,  Berger 
was  reelected,  but  he  was  peremptorily  thrown  out, 
and  he  will  be  peremptorily  thrown  into  prison.  If  he 
had  a  disloyal  constituency,  IT  WAS  THE  DUTY 
OF  THE  COUNTRY  TO  SUPPRESS  IT."  * 

Mr.  Brown  rose  to  the  climax  of  his  oration  in  the 
following  words: 

"I  have  been  brought  up  on  a  literature  to  which  all 
this  cattle  is  a  stranger.  I  remember  that  there  is  a 
posm  reading: 

*  Capitals  mine. 


212  ALBANY 

**  'Lives  there  a  man  with  soul  so  dead, 
'Who  never  to  himself  hath  said, 
*This  is  my  own,  my  native  land?' 

"It  does  not  read  very  well  when  placed  beside  the 
literature  of  the  Socialist  Party,  that  cares  nothing 
about  the  boundaries  of  a  country ;  that  cares  nothing 
about  any  of  the  people  of  the  country,  except  the  pro- 
letariat; that  does  not  believe  in  our  government  and 
wants  to  overthrow  it ;  that  continues  an  allegiance  to 
a  foreign  entity  which  seeks  the  destruction  of  our  gov- 
ernment and  the  destruction  of  all  classes  except  it- 
self. 

"The  test  for  office,  gentlemen,  in  this  State  and 
Nation  is  a  simple  one,  that  no  loyal  man  should  have 
the  slightest  difficulty  in  complying  with.  The  State 
requires  very  little  in  the  way  of  qualifications  of  those 
elected  to  office.  It  is  with  only  one  of  these  that  we 
are  concerned  in  this  proceeding.  The  Constitution 
only  requires  that  an  oath  be  taken  to  support  the  Con- 
stitution. The  Legislature  did  not  prescribe  the  oath. 
It  is  the  fundamental  law  stated  by  the  people  them- 
selves and  initiated  by  them  for  their  protection  to  se- 
cure the  support  of  their  organic  law.  If  a  man  can- 
not comply  with  its  requirements,  he  cannot  be  per- 
mitted to  sit  in  this  body.  The  people  of  this  State 
have  declared  that  if  he  cannot  comply  with  it — and 
from  time  to  time  it  has  been  declared — the  Legisla- 
ture may  not  permit  him  to  sit  in  the  law-making 
body,  because  he  cannot  sit  here  until  he  has  taken 
his  oath,  and  the  oath  is  the  most  sacred  of  the  pledges 
among  men.  He  should  not  be  permitted  to  take  it 
when  it  is  known  THAT  HE  DOES  NOT  INTEND 
to  carry  it  out.  It  is  the  duty  of  this  Assembly  to  pro- 
tect their  membership  in  order  to  deserve  the  confi- 
dence of  the  people  of  the  State.    This  is  not  merely  a 


THE  PROSECUTION  SUMS  UP    213 

trifling  matter.  IF  YOUR  JUDGMENT  SHALL  BE 
THAT  THESE  MEN  ARE  ENTITLED  TO  SIT  IN 
THIS  ASSEMBLY,  WHAT  LESSON  ARE  YOU 
TRYING  TO  INSTIL  UPON  THE  LOYAL  PEO- 
PLE OF  THE  STATE  OF  NEW  YORK?  If  these 
men  may  sit  in  tljis  Assembly,  with  their  disloyal  pur- 
poses established  beyond  controversy,  what  must  a 
man  do  which  will  cause  you  to  prevent  him  from  sit- 
ting here,  which  will  lead  you  to  exclude  him?  Is  it 
of  no  importance  that  your  judgment  be  right?  What 
think  you  of  its  effect  upon  the  free  institutions  of 
this  State  and  of  the  country,  that  you  PERMIT  DIS- 
LOYAL MEN  TO  SIT  HERE  AND  BE  ADVER- 
TISED TO  THE  PEOPLE  OF  THE  STATE  AS 
MAKING  LAWS  FOR  THE  PEOPLE  OF  THE 
STATE? 

"No  more  disorganizing  a  force  could  be  conceived. 
IT  MEANS  WEAKENING  THE  PATRIOTIC 
FIBER  OF  EVERY  PATRIOTIC  MAN.  .  .  . 

"It  is  admitted  that  these  men  subscribed  to  the 
tenets  of  the  Socialist  Party.  That  is  in  the  record. 
What  the  Socialist  Party  did,  furnishes  gravamen  of 
the  charge  agamst  all  of  them.  What  was  done  by  in- 
dividuals only  goes  to  support  that  charge,  and  if 
what  they  did  had  not  been  done  in  the  presence  of 
the  disloyal  purposes  of  the  party,  they  would  be  com- 
paratively harmless,  and  it  would  be  of  no  importance, 
no  matter  what  your  judgment  may  be. 

"The  question  is,  which  flag  do  you  follow?  Do  you 
follow  the  red  flag  of  anarchy  now  suppressed  by  law 
which  these  men  would,  if  they  could,  parade  in  every 
street,  in  every  city,  of  the  land,  or  do  you  follow  the 
Stars  and  Stripes?" 

The  conclusion  of  Mr.  Brown's  speech  was  greeted 
with  applause. 


CHAPTER  XIII 

MR.  STEDMAN  CONCLUDES  THE  SUMMING 
UP  FOR  THE   DEEENSE 

The  second  and  concluding  speech  of  summary  for 
the  defense  was  made  by  Mr.  Seymour  Stedman  of 
Chicago.  He  spoke  with  grace  and  dignity,  and  made 
a  visible  impression  on  his  audience.  Loud  and  last- 
ing applause  greeted  his  peroration.  One  Assembly- 
man came  up  to  him  to  say  that  he  had  heard  enough 
to  cause  him  to  change  his  mind,  and  that  when  the 
Judiciary  Committee's  report  came  in,  he  would  vote 
for  reseating  the  Socialist  Assemblymen. 

In  beginning  his  speech,  Mr.  Stedman  referred  to  the 
fact  that  since  the  hearing  had  started  it  had  become 
known  that  the  Socialist  Party  by  referendum  had 
voted  to  afBliate  with  the  Third  Socialist  Internation- 
ale, with  certain  reservations  to  the  effect  th%t  this 
affiliation  did  not  carry  with  it  an  endorsement  of  the 
Moscow  Internationale  program  or  tactics;  that  this 
was  not  known  at  the  time  of  the  suspension,  and^ 
could  not  therefore  constitute  a  basis  for  investiga- 
tion. He  declared  that  the  hearing  had  gone  far  afield 
from  the  charge  made  in  the  original  resolutions  of 
suspension.    Said  he : 

"In  the  opening  of  this  trial  it  appeared  that  there 
was  no  precedent  to  guide  your  actions,  and  it  is  true 
that  on  all  fours  none  exists.  In  no  European  body, 
no  parliamentary  government,  Anglo-Saxon,  Oriental 
or  Slavic,  have  we  any  record  like  that  presented  here 
and  upon  which  it  is  claimed  there  is  a  right  to  ex- 

214 


SEYMOUR  STEDMAN  CONCLUDES  215 

elude  men  from  participating  in  a  legislative  assembly. 

"I  might  say  that  the  nearest  to  it  is  an  incident 
growing  out  of  the  Duma,  when  there  was  a  general 
strike  in  Russia,  so  much  deprecated  by  the  gentlemen 
who  have  preceded  me,  in  which  the  lawyers  and  the 
laborers  participated,  demanding  the  right  to  meet  and 
assemble  in  a  National  Council;  the  Czar  yielded  and 
threw  what  Mr.  Conboy  referred  to  as  a  sop  to  the 
people,  by  permitting  the  organization  of  the  Duma. 
During  its  existence  there  were  some  four  or  five  men 
who  were  members  of  that  body,  charged  with  a  con- 
spiracy, as  we  would  understand  the  term.  It  was 
shown  that  they  had  come  together;  that  they  had 
agreed;  that  they  had  purchased  explosives;  that  it 
was  their  object  and  purpose  to  destroy  the  lives  o£ 
some  of  the  royal  family  or  those  affiliated  with  them. 
As  a  result,  they  were  prosecuted,  convicted  and  ex- 
pelled from  the  Duma.  So  at  last  we  have  reached 
the  point  where  an  American  Assembly  can  borrow 
from  the  greatest  tyrant  of  modern  times  a  half-baked 
precedent  for  the  course  it  is  attempting  to  pursue. 

"Early  in  this  proceeding  it  was  obvious  that  there 
was  no  law  for  the  proceedings  which  had  been  taken. 
Mr.  Stanchfield  commenced  to  establish  a  law,  and  he 
established  it,  under  a  very  wide  basis.  He  is  a  lawyer 
of  distinction.  But  before  I  refer  to  his  statement  as 
to  the  power  and  authority  of  this  Assembly  and  what 
justifies  it  to  proceed,  I  should  first  use,  or  define,  a 
few  of  the  terms  which  will  b2  used  in  the  course  of  my 
remarks.  Words  constitute  simply  the  vehicle  with 
which  we  carry  thought  from  one  to  another,  and  it  is 
important  that  we  should  understand  precisely  what 
is  meant  by  words  so  frequently  used  in  this  pro- 
ceeding. 

"Opposition  has  been  used  constantly  as  synony- 
mous with  disapproval.    A  person  may  disapprove  an 


2i6  ALBANY 

act,  and  jret  his  conduct  may  not  be  such  as  to  ob- 
struct it  or  destroy  its  efficiency.  Neither  is  opposi- 
tion in  opinion  against  a  law  necessarily  a  violation  of 
it.  In  fact,  in  no  instance  is  it  a  violation.  A  person 
may  be  opposed  to  the  Prohibition  Act.  The  fact  that 
he  is  opposed  to  it  and  never  speaks  a  word  in  its  favor 
does  not  constitute  him  a  criminal.  The  fact  that  he 
may  oppose  it  and  never  say  anything  in  its  favor  does 
not  constitute  him  an  accessory  to  a  boot-legger's  op- 
erations. A  man  may  oppose  a  federal  revenue  law. 
That  does  not  constitute  him  a  violator  of  it;  be- 
cause, forsooth,  at  no  time  has  he  expressed  anything 
in  approval  of  it.  And  the  fact  that  a  man  becomes  a 
violator  of  that  law,  a  smuggler,  is  not  the  responsi- 
bility of  the  man  who  has  opposed  the  law." 

Discussing  the  question  of  the  constitutional  oath 
which  had  been  raised  during  the  trial,  Mr.  Stedman 
proceeded  to  cite  some  Americap  history  in  the  fol- 
lowing language : 

"I  want  to  read  now  an  authority — that  is,  he  would 
have  been  an  authority  one  time  in  American  history — 
and  he  is  to  some  people  now.  The  man's  name  is 
Andrew  Jackson,  at  one  time  President  of  the  United 
States.  The  question  came  up  who  should  construe 
a  constitutional  oath  and  a  provision  of  the  Constitu- 
tion. Of  course,  it  seems  to  me  that  it  ought  to  be  per- 
fectly apparent  that  there  would  be  a  difference  as  to 
the  meaning  of  the  Constitution.  You  know  now  I  am 
referring  to  military  appropriations,  and  whether  mem- 
bers must  vote  on  it. 

"You  pass  laws.  The  Supreme  Court  says  you  are 
wrong,  the  laws  are  unconstitutional.  Does  that  mean 
that  you  have  violated  your  oath  of  office?  Maybe  it 
happens  a  dozen  times.  Does  that  mean  it?  Not  at 
all.  But  more  fundamental  than  that,  every  single 
one  of  the  great  departments,  the  Executive,  Judicial, 


SEYMOUR  STEDMAN  CONCLUDES  217 

and  the  Legislative  department  of  this  government,  are 
each  sovereign  in  determining  what  is  constitutional 
Otherwise  you  would  have  no  method  of  checking  one 
department  against  another. 

"So  I  want  to  read  from  the  messages  and  papers  of 
the  President.  This  is  stated  on  July  10,  1832.  It  is 
stated  so  long  ago  that  we  have  forgotten.  It  has 
been  smothered  by  more  recent  utterances  of  men 
prominent  in  life  and  newspapers  with  large  head- 
lines. 'If  the  opinion  of  the  Supreme  Court  covered 
the  whole  ground  of  this  act,'  said  President  Jackson, 
'  it  ought  not  to  control  the  coordinate  authorities  of 
this  government.  The  Congress,  the  executive  and  the 
courts  must  each  for  itself  be  guided  by  its  own  opin- 
ion of  the  Constitution.  EACH  PUBLIC  OFFICER 
WHO  TAKES  AN  OATH  TO  SUPPORT  THE 
CONSTITUTION  SWEARS  THAT  HE  WILL 
SUPPORT  IT  AS  HE  UNDERSTOOD  IT,  AND 
NOT  AS  IT  IS  UNDERSTOOD  BY  OTHERS;'  not 
as  it  is  understood  by  Mr.  Sweet;  not  as  it  is  under- 
stood by  this  Assembly;  but  as  each  Assemblyman 
understands  it  for  himself.  Because,  after  all,  if  a  con- 
stitutional question  comes  up  for  disposition  in  this 
House,  the  majority  decides  it.  The  Committee  re- 
ports, your  Code  Committee  here,  or  the  Judiciary 
Committee  in  other  assemblies.  They  report  the  bill, 
and  a  member  raises  the  question:  is  it  or  is  it  not 
constitutional?     You  divide  on  the  question. 

"  'It  is  as  much  the  duty  of  the  House  of  Represen- 
tatives, of  the  Senate  and  President,  to  decide  the  con- 
stitutionality of  any  bill  or  resolution  which  may  be 
presented  to  them  for  passage  or  approval  as  it  is  of 
the  supreme  judges,  when  it  may  be  brought  before 
them  for  judicial  decision.  The  opinion  of  the  judges 
has  no  more  authority  over  Congress  than  the  opinion 
of  Congress  has  over  the  judges,  and  on  that  point  the 


2i8  ALBANY 

President  is  independent  of  both.  The  authority  of 
the  Supreme  Court  must  not,  therefore,  be  permitted 
to  control  the  Congress  or  the  executive  when  acting 
in  their  legislative  capacity ;  but  to  have  only  such  in- 
fluence as  the  force  of  their  reasoning  may  deserve.' 

During  the  summing  up,  counsel  for  the  prosecution 
had  made  so  much  of  the  "criminal  attitude"  of  Eu- 
gene V.  Debs  in  regard  to  the  war,  that  Mr.  Stedman 
introduced  into  his  speech  the  reply  of  Debs  to  the 
court  as  to  why  sentence  should  not  be  pronounced 
upon  him  for  alleged  violation  of  the  Espionage  Act. 

This  speech  by  the  best  beloved  Socialist  in  the 
United  States,  as  read  by  Mr.  Stedman  was  so  elo- 
quent that  many  persons  in  the  Assembly  chamber 
were  moved  to  tears  by  its  telling  passages. 

Mr.  Stedman  then  commented  upon  the  attitude  and 
personality  of  Debs  as  follows : 

"The  witnesses  who  have  been  examined  in  this 
case — Assemblymen  and  others — have,  in  response  to 
questions  asked  of  them  whether  they  favored  Mr. 
Debs  as  the  candidate  for  President  at  the  coming 
presidential  election,  without  exception,  those  who 
have  been  so  interrogated,  have  responded  in  the  af- 
firmative. It  was  stated  that  the  beliefs  of  Mr.  Debs 
personified  and  represented  the  spirit,  the  purpose  and 
the  object  of  the  Socialist  movement.  As  nearly  as  it 
can  be  portrayed,  from  what  he  has  said  and  the 
charge  against  him  we  gather  his  intent,  his  motive 
and  his  ideal.  It  is  not  anti-national;  it  is  not  de- 
structive in  the  sense  of  ruthless,  barbarous  upheaval. 
It  is  not  a  mode  of  warfare  of  the  sword.  He  has  no 
conception  of  Jesus  with  a  dagger  in  his  teeth.  He  be- 
lieves in  the  pov/er  of  moral  suasion,  and  in  this  declar- 
ation he  makes  the  statement  most  emphatically,  as  he 

*  For  the  full  text  of  this  speech  see  "Debs:  His  Authorized 
Life  and  Letters"  by  David  Karsner  (Boni  &  Liveright). 


SEYMOUR  STEDMAN  CONCLUDES  219 

has  throughout  his  entire  life,  that  in  a  government 
where  the  voice  of  the  people  is  the  voice  of  God,  some 
time  the  truth  would  prevail  for  all  time,  until  it  served 
the  great  majority  of  the  people. 

"He  has  faith  in  the  people  of  his  country,  faith  in 
their  intelligence.  He  represents  in  a  sense  the  move- 
ment. Perhaps  he  represents  it  more  completely  than 
any  other  man  in  this  country.  The  fact  that  he  is  con- 
victed does  not  change  the  fundamental  purposes  and 
objects  for  which  he  stood." 

In  concluding,  Mr.  Stedman  referred  to  the  Socialist 
recognition  of  the  present  struggle  between  classes, 
which  is  to  be  succeeded  by  an  era  of  fraternity  and 
world-wide  brotherhood.  He  ended  his  address  as  fol- 
lows: 

"What  is  the  difference  between  you  and  me?  In 
your  hearts  you  do  not  believe  that  Morris  Hillquit  or 
any  of  these  men  think  less  of  the  people  of  this  coun- 
try than  you  or  I  do.  You  simply  think  we  are  wrong, 
that  our  judgment  is  bad,  that  our  heads  are  not  built 
right  on  the  inside — that's  all.  No  one  but  some  om- 
niscient power  knows  who  is  right.  You  take  your 
chance  in  presenting  your  views  to  the  people.  We 
take  ours,  feeling  that  the  mass  intellect  of  this  coun- 
try, with  all  the  facts  before  it,  will  ultimately  ar- 
rive at  the  correct  solution.  That  is  the  faith  of  the 
Socialist — faith  in  the  ideals  of  Americanism — deep, 
solid  and  heartfelt.  That  is  what  we  believe  in.  And, 
gentlemen,  basically  that  is  what  you  believe  in,  and 
it  is  in  that  belief  that  we  have  our  hopes  and  our  just 
expectancy  for  the  seating  of  these  Asseanblymen." 


CHAPTER  XIV 
THE  EXPULSION 

Expulsion  was  the  verdict. 

The  Judiciary  Committee,  acting  with  the  "reason- 
able speed"  promised  by  Chairman  Martin  in  his  open- 
ing statement,  took  three  weeks  to  frame  its  report. 
It  was  handed  in  on  March  30,  a  little  less  than  three 
months  after  the  act  of  suspension. 

The  report  was  by  no  means  unanimous.  With  all 
the  pressure  that  the  Speaker  brought  to  bear,  the 
prosecution  was  able  to  muster  a  majority  of  only  one, 
the  vote  of  the.  Committee  being  seven  to  six.  The 
seven  members  who  signed  the  majority  report  recom- 
mending outright  expulsion  were  Chairman  Martin, 
Everett,  Jenks,  Rowe,  Wilson,  Cuvillier  and  Harring- 
ton. 

Five  other  members — Evans,  Bloch,  Stitt,  Blodgett 
and  Pellet — insisted  upon  reseating  all  the  five  accused 
men.  Mr.  Lawn  reported  in  favor  of  reseating  only 
DeWitt  and  Orr. 

Upon  motion  it  was  decided  that  action  upon  these 
reports  be  taken  March  31.  An  unsually  large  crowd 
gathered  and  packed  the  Assembly  chamber  on  this 
day  as  early  as  11  o'clock  in  the  morning.  The  gal- 
leries were  ordered  closed  by  Speaker  Sweet,  from 
apparent  fear  that  they  might  be  filled  by  the  com- 
mon people.  The  limited  area  on  the  floor,  however, 
was  crowded  by  the  wives  and  friends  of  the  prosecut  • 
ing  legislators.    At  11  A.  M.  the  Assembly  chamber 


THE  EXPULSION  221 

was  locked,  so  that  no  member  could  leave  without 
the  Speaker's  permission. 

At  the  very  beginning  a  struggle  opened  between  the 
Republicans  and  Democrats,  the  latter  trying  to  have 
consideration  of  the  reports  postponed  for  24  hours. 
The  purpose  of  this  was  to  relieve  Governor  Smith, 
who  is  a  Democrat,  of  the  duty  of  calling  special  elec- 
tions, inasmuch  as  under  the  Constitution,  a  vacancy 
occurring  after  March  31,  cannot  be  filled  for  the  regu- 
lar legislative  term. 

A  compromise  was  arrived  at  under  which  "unlim- 
ited debate"  was  agreed  upon,  so  that  the  proceedings 
might  be  dragged  out  until  the  day  following.  This 
would  prevent  the  five  Assemblymen  from  being  im- 
mediately reelected  in  case  their  constituencies  so 
voted. 

The  majority  report  consisted  of  distortions  of  the 
testimony  and  misstatements  of  the  law.  Through  its 
81  typewritten  pages  ran  ignorance  of  the  Socialist 
movement  that  was  startling.  Its  dominant  note  was 
that  the  Socialist  Party  was  not  a  "loyal"  party  and 
that  it  was  the  duty  of  the  Assembly  to  rid  itself  of 
"disloyal"  members.  It  made  no  attempt  to  define  loy- 
alty. It  was  sure,  however,  that  the  five  Socialists 
were  disloyal.  It  characterized  the  entire  membership 
of  the  Socialist  Party  as  being  composed  of  "perpetual 
traitors"  and  let  it  go  at  that.  Not  content  with  de- 
claring the  seats  of  the  five  Socialists  vacant,  it  urged 
legislation  that  would  outlaw  the  party  to  which  they 
belonged.  It  declared  that  "each  and  every  charge" 
made  against  the  accused  Assemblymen  "had  been  es- 
tablished," that  each  one  was  therefore  disqualified 
to  occupy  seats,  and  that  "because  of  such  disquali- 
fication they  were  and  each  of  them  was  incapable  of 
taking  the  oath  of  office  prescribed  by  the  Constitution 
of  the  State  according  to  the  real  intent  and  purpose 


222  ALBANY 

of  the  constitutional  provisions  requiring  the  taking 
of  such  oath." 

One  of  the  minority  reports,  signed  by  Stitt  and  Pel- 
let, strongly  dissented  in  the  following  words : 

"If  the  Legislature  cannot  by  statute  prescribe  mem- 
bership in  a  political  party  as  a  condition  for  holding 
office  nor  the  taking  of  an  oath  of  loyalty  as  a  condi- 
tion for  holding  office,  nor  the  taking  of  an  oath  of 
loyalty  as  a  condition  for  exercising  the  right  to  suf- 
frage, it  necessarily  follows  that  the  Legislature  should 
not  by  resolution  exclude  from  membership  a  duly 
elected  member  by  reason  of  his  membership  in  a  par- 
ticular party  or  group.  ...  To  exclude  a  duly  elected 
member  because  of  membership  in  a  particular  politi- 
cal party  or  because  of  his  political  or  economic  views 
not  only  would  be  contrary  to  the  spirit  of  the  Consti- 
tution but  would  be  a  most  dangerous  attack  upon  the 
right  of  representative  government  and  free  political 
action,  the  fundamental  principles  upon  which  our  Re- 
public was  founded.  ...  In  view  of  the  long  estab- 
lished recognition  of  the  Socialist  Party  as  a  political 
party,  we  cannot  now  say  that  it  is  not  a  political  party 
and,  by  excluding  its  representatives,  disfranchise  the 
people  of  five  Assembly  districts." 

Another  report  submitted  by  Mr.  Blodgett,  the 
youngest  member,  and  not  yet  hardened  to  the  "tradi- 
tions" of  the  Assembly,  denounced  disqualification  Be- 
cause of  party  membership  as  "too  dangerous." 

"It  is  not  American  in  method,"  said  Mr.  Blodgett 
"It  is  not  sound.  We  have  passed  through  many  pe- 
riods of  history,  which  have  taught  us  the  priceless- 
ness  of  freedom  and  the  value  of  institutions  that  stand 
firm  through  all  periods  and  with  reference  to  all 
men.  .  .  .  These  men  as  Socialists  have  very  different 
viewpoints  from  those  of  us  who  are  non-Socialists. 
Their  party  is  more  than  a  political  party — it  is  an 


223 


224  ALBANY 

economic  and  social  creed,  and  the  faithful  thereof  hold 
it  in  almost  religious  reverence.  The  party  differs  from 
other  political  parties  because  it  is  and  always  has 
been  international  in  its  general  scope.  It  is  claimed 
to  be  national  with  reference  to  such  problems  as  are 
peculiar  to  individual  countries.  The  party  principles 
with  reference  to  the  party  here  are  in  decided  op- 
position to  our  two  older  parties,  and  these  principles 
have  been  published  and  disseminated  to  a  point  of  sat- 
uration. The  party  has  always  consistently  been  in 
opposition  to  war  and  most  of  its  members  hold  these 
views." 

Assemblyman  Bloch  made  as  the  basis  of  his  report 
the  doctrine  that  "Liberty  involves  the  right  to  think 
wrong." 

Assemblyman  Evans  in  a  lengthy  legal  document 
denied  the  right  of  the  Assembly  to  ask  any  test  of 
loyalty  of  a  duly  elected  public  officer. 

Debate  was  opened  by  Chairman  Martin  of  the  Ju- 
diciary Committee.  He  thundered  the  question :  "Are 
these  men  loyal  according  to  OUR  standard  of  loy- 
alty?" He  admitted  that  people  might  differ  as  to  that 
standard.  A  little  later  he  answered  his  own  question 
in  the  following  words : 

"We  found,  according  to  OUR  standard  of  loyalty, 
that  their  conduct  was  not  loyal." 

This  argument  brought  from  Mr.  Evans  the  charge : 
"I  find  you.  Brother  Martin,  and  the  other  six  mem- 
bers who  signed  the  majority  report,  disloyal  to  the 
State  and  to  the  Constitution." 

The  debate  lasted  for  22  hours.  More  than  one- third 
of  all  the  members  participated.  During  the  weary 
hours  of  night,  many  orators  spoke  to  empty  chairs. 
Members  could  be  seen  dozing  in  their  seats,  lying  on 
benches,  taking  a  nap  in  committee  rooms,  and  seek- 
ing refuge  anywhere. 


THE  EXPULSION  225 

The  speeches  made  against  expulsion  were  met  by 
derision  and  laughter.  Gradually  the  attacking  As- 
semblymen worked  themselves  into  a  frenzy.  Those 
who  were  reported  to  have  made  up  their  minds  not  to 
consent  to  the  wrong  done  against  the  Socialist  mem- 
bers soon  found  it  to  their  interest  to  join  with  the 
crowd  and  gain  their  share  of  applause. 

As  the  debate  advanced,  the  Chamber  became  more 
and  more  crowded  in  the  expectation  that  a  vote  would 
be  reached  at  any  moment.  As  the  atmosphere  warmed 
up,  the  time  became  ripe  for  a  speech  by  Assembly- 
man Marty  McCue,  former  prizefighter  and  saloon- 
keeper. It  was  the  best  "lynch-'em"  speech  ever  de- 
livered before  a  mob.  There  was  no  restraint  either 
in  the  code  of  decency  or  law  on  McCue's  lips.  He 
characterized  the  Socialist  Assemblymen,  with  whom 
he  had  so  frequently  fraternized  during  the  prohibition 
fight,  as  "traitors,"  "curs,"  "whipped  dogs,"  and  other 
equally  savory  names.  He  marveled  at  the  patience  of 
the  Assemblymen  who  "did  not  take  one  or  more  of 
them  and  throw  them  out  of  the  window."  He  elo- 
quently declared  "these  five  men  ought  to  be  made  an 
example  to  the  other  traitors  and  violators  of  the  law. 
They  ought  to  be  strung  up  to  the  nearest  lamp  post, 
with  their  feet  dangling  in  the  air." 

"I  believe  the  men  who  stood  by  the  Speaker  when 
he  lined  the  five  up  in  the  well  of  the  Chamber  and 
asked  them,  'Are  you  each  and  every  one  of  you  good 
Americans?  If  you  are  not,  get  out,*  were  sincere," 
announced  Mr.  McCue.  He  made  a  savage  attack  on 
the  Socialist  Party  and  pointed  directly  at  Mr.  Wald- 
man,  one  of  the  five,  who  was  present  on  the  floor,  de- 
manding to  know  "what  he  had  ever  done  for  the 
United  States." 

This  open  incitement  to  lynching  was  greeted  by 
wild  cheers  in  the  House,  lasting  for  three  minutes. 


226  ALBANY 

Hardly  had  the  ovation  died  away  when  an  assistant 
to  the  Sergeant-at-Arms  handed  Mr.  McCue  a  note 
saying : 

"Marty,  be  a  good  spojt  and  move  that  I  be  given 
the  floor  to  answer  you.    Will  you  do  it? 

"WALDMAN." 

The  ex-pugilist  did  not  dare.  He  looked  over  at  the 
writer  and  shook  his  head.  But  the  challenge  seemed 
to  unsettle  him,  even  in  the  midst  of  his  triumph. 
Later  when  Mr.  Waldman  started  to  leave  the  Cham- 
ber, Mr.  McCue  arose  and  came  .up  to  him  to  say: 
"They  would  think  I  am  a  four-flusher,  Louis.  I 
would  like  to  give  you  the  floor." 

After  McCue's  speech  all  the  others  came  as  an  anti- 
climax. None  of  the  following  orators  could  approach 
his  effort  in  abuse  or  indecency,  and  the  crowd  soon 
began  to  dwindle. 

The  Chamber  now  looked  like  a  dance  hall  after  the 
crowd  has  gone  home.  The  floor  was'  littered  with 
paper.  Assemblymen  who  were  not  asleep  threw 
things  at  each  other.  All  the  lobbyists  who  were  de- 
pendent upon  Speaker  Sweet's  nod  and  who  were  con- 
stantly hanging  upon  his  skirts,  remained  wide-awake, 
however,  to  cheer  on  the  assailants  of  the  Socialists 
and  to  "keep  up  the  spirit"  of  the  proceeding. 

While  speeches  were  being  made  denouncing  the 
Socialist  Assemblymen  as  violators  of  the  law,  their 
accusers  were  out  in  the  lobby  enforcing  the  Eight- 
eenth Amendment  to  the  Constitution  of  the  United 
States,  which  is  designed  to  down  the  liquor  traffic. 

"Never  was  there  a  better  irrigated  debate,"  said 
the  New  York  Globe  the  next  day.  The  same  paper 
said :  "It  seemed  at  times  as  if  every  man  one  met  had 
a  bottle  of  old-time  whiskey  on  his  hip  and  was  ready 
to  share  it.    The  cloak  room  of  the  Assembly  reeked 


THE  EXPULSION         '        227 

with  alcohol,  and  most  of  the  breaths  one  encountered 
in  the  lobby  were  redolent  of  the  still," 

The  lockers  of  some  Assemblymen  seemed  to  be 
filled  with  liquor.  One  member  was  so  drunk  that  his 
friends  had  to  carry  him  out  of  the  Chamber  to  be 
sobered  up.  While  still  under  the  influence  of  whis- 
key, he  returned  to  the  floor,  and  getting  recognition, 
balled  out: 

"Misser  Speaker,  I-I-I'm  'n  favor  of" — he  paused  and 
waved  his  head  in  a  search  for  the  right  word — 
"throwin*  'em  out!" 

About  this  time  Assemblyman  Wells  got  the  floor 
and  said: 

"We  must  expel  these  Socialists.  If  we  do  not,  our 
children  and  our  grandchildren  will  be  washing  the 
blood  off  the  doorsteps." 

He  later  explained  that  he  alluded  "to  the  custom 
prevailing  in  Egypt  when  the  doors  of  the  Jews  were 
smeared  with  blood."  It  must  be  remembered  that 
the  infamous  Bailin  case  in  Russia,  which  called  forth 
protests  from  the  whole  civilized  world,  was  conducted 
by  the  Czar  on  precisely  this  charge.  To  make  his 
state  of  mind  perfectly  clear,  he  added :  "No  man  can 
change  his  name  by  taking  the  'Witz'  and  'Sky'  off  it 
and  try  to  hide  the  fact  that  he  is  a  traitor." 

It  must  have  been  depressing  to  the  intelligent  spec- 
tator to  listen  to  man  after  man  arise  and  repeat  igno- 
rantly,  sneeringly  and  incomprehendingly  certain 
phrases  taken  from  written  Socialist  theory  and  phi- 
losophy which  to  other  men  have  meant  so  much  that 
volumes  have  been  composed  about  them.  It  would 
have  been  more  interesting  if  these  speakers  had  oc- 
casionally exhibited  even  a  little  originality  and  spice 
in  their  remarks,  but  most  of  them  were  merely  in- 
sipid and  dull. 

Early  in  the  debate  questions  of  law,  fact  and  de- 


228  ALBANY 

cency  were  abandoned  and  the  speeches  degenerated 
into  wild  and  purposeless  harangues  in  which  the  stock 
phrases  beloved  of  mediocrity  and  the  "whoop-em-up" 
orator  abounded.  Such  phrases  were :  "My  Fair  Cit)^" ; 
"This  Great  State,"  "Our  Country,  the  Greatest  in  the 
World" ;  "Our  Sacred  Constitution,  The  Wisest  Docu- 
ment Ever  Written";  "Our  Holy  Flag";  "Our  Boys, 
Oh,  Our  Boys !" ;  etc. 

These  statesmen,  now  self-converted  into  judges,  re- 
linquished all  the  parliamentary  formalities  ordinarily 
observed  and  launched  into  malignant  tirades  against 
the  "traitors"  that  they  all  with  one  accord  had  decided 
the  Socialist  Assemblymen  to  be.  The  only  problem, 
to  their  minds,  was  whether  these  "traitors"  should  be 
expelled,  imprisoned,  shot  or  hanged,  according  to  the 
mood  of  the  speaker  and  the  amount  of  liquor  with 
which  he  had  fortified  himself. 

Long  after  midnight  Assemblyman  Theodore  Roose- 
velt obtained  the  floor.  In  his  maiden  speech  he  op- 
posed the  outlawing  of  a  whole  political  party.  He 
contended  that  the  evidence  adduced  was  not  convinc- 
ing as  to  either  the  necessity  or  the  legality  of  the  pro- 
posed action.  But  little  attention  was  paid  to  his 
words,  despite  the  prestige  of  his  name. 

All  night  long  the  flood  of  abuse  continued.  At  lo 
o'clock  the  next  morning  Speaker  Sweet  left  the  ros- 
trum and  came  down  upon  the  floor  to  assail  the  So- 
cialists. Referring  to  the  United  States  flag,  he 
chanted:  "That  flag  is  the  inspiration  for  everything 
that  is  best  and  holy  within  every  man  and  woman  in 
this  country,  and  when  it  is  replaced  by  the  red  flag 
of  Socialism,  the  red  flag  of  Communiam  or  the  red 
flag  of  any  nation  that  spells  injury  to  our  government, 
that  day  will  see  the  life-blood  of  every  citizen  dye- 
ing the  ground  sacred  to  the  patriots  of  our  early  his- 
tory who  proclaimed  it  first,  last  and  always  the  hal- 


THE  EXPULSION  229 

lowed  ground  for  Americans  who  in  their  hearts  are 
Americans  alone." 

He  re-ascended  the  rostrum  amid  cheers  from  the 
floor.  He  ordered  a  vote  taken.  Each  accused  Assem- 
blyman was  balloted  upon  separately.  The  first  vote 
was  upon  Waldman.  The  result  was  115  to  28,  for 
expulsion. 

The  Speaker  then  triumphantly  announced:  "The 
resolution  having  been  duly  passed,  I  declare  the  seat 
of  Louis  Waldman  vacant." 

The  same  process  was  repeated  at  the  end  of  the  bal- 
loting on  each  Socialist  member.  Solomon  and  Clacs- 
sens  were  declared  expelled  by  a  vote  of  116  to  28.  De- 
Witt  and  Orr,  last  to  be  voted  upon,  were  permanently 
tmseated  by  a  vote  of  104  to  40. 

Of  the  Republicans  98 — taking  the  highest  vote— • 
voted  for  expulsion,  18  Democrats  joining  them, 
against  1 1  Republicans  and  1 7  Democrats.  A  majority 
in  both  parties  thus  voted  for  expulsion. 

The  announcement  of  the  result  was  greeted  with 
loud  applause  by  the  judges,  who  thus  bestowed  ap- 
proval upon  themselves  for  their  courage  and  pa- 
triotism. 

Solomon  and  Waldman,  who  had  been  in  the  Cham- 
ber for  22  hours,  remaining  throughout  the  night,  with- 
drew and  issued  the  following  statement: 

"Treason  has  been  committed  in  the  New  York  As- 
sembly by  Republicans  and  Democrats,  with  few  hon- 
orable exceptions.  A  bi-partisan  combination  has  over- 
thrown representative  government.  The  representa- 
tives of  a  political  party  have  been  driven  from  the  leg- 
islative hall  solely  because  their  platform  was  dis- 
tasteful to  their  political  opponents. 

"The  Constitution  has  been  lynched,  and  the  perpe- 
trators of  this  outrage  must  be  brought  to  justice.  The 
spirit  of  the  mob  breathed  in  the  Assembly  debate 


230  ALBANY 

throughout  the  weary  hours.  Under  the  leadership 
of  Speaker  Sweet,  man  after  man  openly  incited  to 
violence. 

"The  doctrine  of  arbitrary  power  was  shamelessly 
proclaimed  again  and  again. 

"The  forces  of  plutocracy  and  reaction  have  tem- 
porarily triumphed.  The  common  people  have  been 
told  they  have  no  voice  in  government,  except  on  the 
sufferance  of  the  hirelings  of  vested  interests,  to  whom 
the  powers  of  state  have  been  surrendered. 

"The  outrage  at  Albany  is  a  clarion  call  to  the  people 
of  America  to  rally  for  the  revival  of  their  ancient  lib- 
erties. The  life  of  democratic  institutions  is  at  stake, 
and  the  people  must  get  together  to  right  the  wrong. 

"The  workers  by  whom  we  were  elected  must  and 
will  be  heard.  If  the  people  are  to  be  driven  from  the 
ballot  box  where  shall  they  go? 

"The  right  of  the  ballot  is  an  American  right,  and 
those  who  deny  it  are  traitors. 

"The  Assembly  has  consummated  the  act  of  lawless- 
ness it  began  on  January  7.  Where  the  verdict  was  not 
the  product  of  hysteria  and  ignorance  it  was  the  fruit 
of  contemptible  political  jobbery.  The  Albany  outrage 
is  the  culminating  step  in  a  series  of  assaults  on  our 
popular  liberties,  which  will  jolt  the  people  into  a  new 
political  consciousness. 

"The  Socialist  party  refuses  to  regard  the  act  of  the 
Assembly  as  more  than  a  mad  manifestation  of  fear 
for  the  growing  political  power  of  labor. 

"It  will  not  be  swerved  from  its  historic  course  and 
mission.  With  greater  faith  and  vigor  than  ever  it 
will  go  on  agitating,  educating  and  organizing  the 
workers  for  peaceful  social  change. 

"Socialists  will  not  be  goaded  into  violence  or  driven 
underground.  These  have  never  been  the  methods 
of  Socialism.    Always  and  everywhere  it  has  waged 


THE  EXPULSION  231 

its  fight  in  the  open,  and  where  this  opportunity  has 
been  denied  it  has  ceaselessly  fought  for  political  de- 
mocracy. 

"We  shall  go  back  to  our  districts  with  complete 
confidence.  The  people  who  sent  us  here  knew  us,  and 
they  will  repeat  their  sovereign  will  in  overwhelming 
numbers." 

Each  of  the  remaining  expelled  Assemblymen  ex- 
pressed himself  to  the  same  effect. 

The  new  despotism  promulgated  by  this  verdict 
shocked  those  citizens  who  still  believed  that  repre- 
sentative government  was  supreme  in  the  United 
States.  Various  public  men  stated  their  surprise  and 
concern.  Among  these  was  ex- Justice  Hughes,  who 
said: 

"I  do  not  care  to  speak  of  the  action  of  the  Assem- 
bly in  a  casual  or  flippant  manner.  I  regard  it  as  a 
serious  blow  at  the  standards  of  true  Americanism 
and  nothing  short  of  a  calamity.  Those  who  make 
their  patriotism  a  vehicle  for  intolerance  are  very  dan- 
gerous friends  of  our  institutions.  I  expressed  my 
views  on  this  question  at  the  outset  and  I  have  seen 
no  reason  to  change  them." 

Louis  Marshall,  well  known  as  a  constitutional  law- 
yer, said : 

"This  is  the  saddest  day  in  the  history  of  the  State 
of  New  York.  If  the  precedent  set  by  this  action  is  to 
continue,  it  will  wipe  out  every  vestige  of  representa- 
tive government  in  this  state.  The  action  of  the  As- 
sembly is  an  action  of  anarchy,  infinitely  worse  than 
anything  that  has  been  charged  up  against  the  So- 
cialists. 

"The  men  who  are  responsible  for  this  action  are 
deplorably  short-sighted  and  committed  this  outrage 
without  regard  for  the  future.  They  did  it,  I  am  satis- 
fied, for  the  sole  purpose  of  furthering  their  own  po- 


232  ALBANY 

litical  ends.  If  this  action  is  permitted  to  stand  it 
means  a  return  to  the  Middle  Ages,  to  that  period  in 
English  history  when  there  was  no  conception  of  rep- 
resentative government." 

Ogden  L.  Mills  made  this  statement : 

"I  have  read  the  entire  record  of  the  proceedings 
very  carefully  and  I  have  read  nothing  that  in  my 
judgment  justified  the  expulsion  of  the  Socialists." 

Mr.  Hillquit,  chief  counsel  for  the  defense,  received 
the  news  at  his  home  at  Saranac  Lake,  New  York. 
Said  he: 

"The  action  of  the  Assembly  was  a  brutal  lynching 
of  the  Constitution.  The  black  ii6  in  the  Assembly 
have  settled  nothing.  They  have  outraged  the  sense  of 
decency  of  all  thinking  members  of  the  community  and 
brought  home  to  them  the  realization  of  the  dangers 
of  reactionary  mob  government. 

"Henceforward  it  will  be  a  finish  fight  between  so- 
cial democracy  and  capitalist  absolutism.  The  fight  is 
only  begining.    The  Socialists  are  ready  for  it," 

The  day  after  the  expulsion  The  New  York  World 
in  an  editorial  entitled  "A  Legislative  Lynching"  de- 
clared : 

"If  the  people  of  New  York  are  to  retain  their  free 
institutions,  if  they  are  not  to  be  Russianized  by  their 
stupid  politicians,  their  first  concern  must  be  the  re- 
storation of  representative  government  which  was 
overthrown  yesterday  in  Albany  by  the  Assembly." 

The  day  following  the  same  newspaper,  under  the 
title  of  "Nothing  Short  of  a  Calamity,  said  editorially : 

"No  more  lawless  act  was  ever  committed  by  a  law- 
making body  than  that  which  stains  the  record  of  the 
New  York  Assembly.  In  all  the  history  of  representa- 
tive government  there  is  no  other  instance  of  a  politi- 
cal party's  expulsion  from  a  legislative  body.    Individ- 


THE  EXPULSION  233 

ual  members  have  been  excluded  on  one  ground  or  an- 
other, but  in  this  case  a  lawfully  constituted  political 
party  was  brought  before  the  bar  of  the  Assembly  and 
denied  representation  on  the  ground  that  its  platform 
was  objectionable  to  the  majority.  .  .  . 

"The  security  of  free  institutions  depends  upon  the 
complete  subjection  of  political  and  economic  discon- 
tent to  the  constitutional  processes  of  government. 
There  can  be  no  security  on  any  other  terms.  There 
is  no  menace  in  the  radicalism  that  takes  its  grievances 
to  the  ballot  box,  but  the  radicalism  that  is  denied  ac- 
cess to  the  ballot  box  becomes  a  continuing  menace, 
and  any  set  of  men  responsible  for  such  denial  have 
committed  a  crime  against  the  public  welfare  and  a 
crime  against  popular  government,  whatever  excuses 
they  may  give  for  their  conduct." 

The  rest  of  the  more  liberal  newspapers  echoed 
similar  sentiments. 

On  April  i,  1920,  therefore,  a  new  page  in  Ameri- 
can history  was  turned.  While  the  world  was  going 
forward,  the  ruling  powers  had  set  our  State  two  cen- 
turies back.  Once  more  the  people  of  the  State  were 
called  upon  to  answer  the  question:  "Shall  govern- 
ment of  the  people,  by  the  people,  and  for  the  people 
survive?" 


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